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Full text of "Documents printed by order of the General Assembly of North Carolina at its session of ... [serial]"

CJe Lifcrarp 

of the 

Onttier^itp of Jl3ort|) Carolina 




Collection of jRottf) Caroliniana 

<SntJotocD bp 

Joljn feipcunt l]il\ 

of tbe Class of 1889 

C3Z&.4- 
N87 

c.3 



UNIVERSITY OF N.C. AT CHAPEL HILL 



00033977420 

This book must not 
be taken from the 
Library building. 



)|Ayi5'£g 




Digitized by the Internet Archive 

in 2010 with funding from 

Ensuring Democracy through Digital Access (NC-LSTA) 



http://www.archive.org/details/documentsprinted184849nort 



MESSAGE 



his mmjumm, gov. gbiiii 



TO THE 



LEGISLATURE OF NORTH CAROLINA, 



AT THE SESSION OF 



1848- 9 49. 



RALEIGH : 

SEATON GALES, PUBLISHER— REGISTER OFFICE. 

18 48, 









MESSAGE. 



jTb Jfte Honorable, the General 

Assembly of North Carolina : 

The recurrence of the regular Session of the Legisla- 
ture, after the lapse of two more years, demands of us 
renewed expressions of gratitude and praise, to an all- 
bounteous Providence, for the numerous manifestations 
of his beneficence, with which we have been favored. 
With rare exceptions, health has been enjoyed among 
our population in an unusual degree, the fruits of the 
earth have been yielded in abundance, not merely for the 
supply of all our wants, but to relieve the distresses of our 
famishing brethren, in other lands, and our Common 
Country, has been restored to the blessing of Peace. 

The Regiment of Volunteers, required for the War 
with Mexico, which was being levied at the last adjourn- 
ment of the Legislature, was mustered into the service 
of the United States, and embarked for the seat of War, 
as early as practicable, after their arrival at Smithville. 
Being assigned to the column of the army commanded 
by Major General Taylor, and reaching their destination 
after the memorable defeat of the enemy at Buena Vista, 
which overthrew and dispersed his forces in that quarter, 
they did not have the good fortune to participate in those 
victories which have so signally illustrated our arms. 
They bore however their full share of the privations and 
hardships incident to camp life, and contributed more 



than their due proportion of victims to a climate more dread- 
ful than the foe. Had opportunity been afforded them, to 
to test their prowess in battle, I doubt not, that under the 
discipline and lead of their gallant and able commander, 
they would have won laurels for themselves and brought 
home honors for their Country. Under the Resolutions of 
of the last Session making appropriations to that end, I 
drew from the Treasury, at sundry times, from January, 
till May 1847, the sum of eleven thousand two hundred 
and thirty dollars, (811,230) for the use of the Regiment, 
for the disbursement of which, vouchers have been de- 
posited, in the office of the Comptroller ofpublic accounts. 

An act having been passed at the recent Session of 
Congress, to refund to the States any monies advanced 
for the comfort and transportation of their Volunteers, 
prior to being mustered into service, with interest on the 
same, I transmitted to the Secretary of War an account 
of the advances just stated, as well as of the transporta- 
tion of a part of the Regiment over the Raleigh and Gas- 
ton Railroad, on their way to the rendezvous, and desired 
its early adjustment. A strict construction having been 
placed on this act by the War department and proof be- 
ing demanded which requires the vouchers of disburse- 
ment to be exhibited, before its accounting officers, it 
was deemed best to postpone the further prosecution of 
the claim until they shall have undergone the examina- 
tion of your Committee of Finance. 

The above sum is exclusive of an expenditure of $293, 
03, under a seperate Resolution of the General Assembly 
to purchase Flags for the Regiment, which have been 
returned to the office of the Adjutant General, and are 
subject to your disposition. 

The Fiscal affairs of the State still continue to claim 
the first place in the consideration of the Legislature. 
The detailed operations of the Treasury, since the last 
Session, will be found in the Reports of the Public Treas- 
urer and Comptroller of public account.?. While its re- 



sources have been sufficient, to satisfy all just demands 
and to uphold the public credit, it will be perceived that 
but little progress has been made in extinguishing the 
State debt, and in making payments, by means obtained 
on loan, we have only exchanged one creditor for anoth- 
er. In my first message, to the last General Assembly, I 
stated in cxtenso, the various liabilities of the Treasury, 
and traced the history of those arising from endorse- 
ments for the Raleigh and Gaston Railroad Company. 
For a clear comprehension of the subject at present, it 
may be necessary to repeat, that on account of her first 
suretyship for this Company, the State is responsible for 
the sum of $530,000, of which, the interest is to be paid 
semi-annually, and the principal " at such time after 
the 1st. day of January 1S30, as the Legislature shall 
hereafter appoint ;" that she undertook a second respon- 
sibility for the Company to the amount of $2S6,500, with 
interest payable in like manner, and the principal in an- 
nual instalments of $30,000 each from 1815 till 1851 and 
that four of these instalments have been already dischar- 
ed, so that there remain of this class of bonds, outstanding 
the sum of $166, 500. But to aid the Treasury, in paying 
these instalments of principal, while sustaining the ordi- 
nary expenses of government, and the heavy drafts 
for interest on the aggregate of both these classes of debt 
there has been borrowed, from the Bank of Cape Fear, 
within the last four years, the sum of $90,000, besides the 
loan from the Literary Fund, hereinafter mentioned 
Such are our responsibilities. The scrupulous regard 
for the public honor, which is justly the pride of the State 
requires them to be promptly met. To provide for this 
in the mode least burdensome to the people, is the appro- 
priate duty of their Representatives. L T nless and until 
something may be realized from a re-sale of the Railroad 
or a recovery against its stockholders and bondsmen, 
our only reliance is upon some measure for an increase of 
the Revenue, which shall furnish the means of graduallv 



curtailing the principal, while it keeps down the interest. 
The principal of the debt of $500,000 does not press with 
any immediate force as we have already seen, and re- 
quires nothing- at present but a provision for its interest. 
The Bank of Cape Fear is also bound by its Charter to 
lend to the State, at any time when called for, an a- 
mount not exceeding 6150,000 and no stipulation is made 
as to the time of payment. The residue therefore of 
$106,500, is the only portion of the liability, having a 
fixed and early day, for i's liquidation. To meet the in- 
terest on the three descriptions of debt, and the principal 
as it may become due, of that last referred to, I recom- 
mend, that when the means in the Treasury, are insuf- 
ficient for these ends, the Treasurer be authorized to issue 
State Bonds redeemable in ten years, to an amount 
equal to the deficiency. Jt is also worthy of your atten- 
tive inquiry, whether like bonds should not be at once is- 
sued in lieu of the debt of $£0,O'OO, due the Bank of Cape 
Fear. To the State it is a matter of indifference, whether 
she shall have the loan from the Bank, or from other 
capitalists. But in a community where Banking capital 
is limited, and with the freest use of their means, the 
Banks can .afford no greater accommodation, than is re- 
quired for the demands of business, it is a serious priva- 
tion to commercial men to be without the facilities, 
which would be furnished by the loan of this amount 
among them. 

The advantage of allowing the new loan a considera- 
ble time to run, (say ten years ) is that it would ensure 
its being taken immediately at par if not at a premium. 
It is however contrary to all true principles of Finance, 
to contract a loan without also providing not only for the 
interest, but for the gradual redemption of the principal. 
If the foregoing suggestions be adopted, they will consoli- 
date the Bank debt, and the residue of the smaller debt on 
account of the Railroad in a loan of $250,500, redeema- 
ble in ten year::. And if the present Legislature shall 



provide for the extinguishment of this amount of the pub- 
lic obligations within that period, and the punctual pay- 
ment of interest on the whole, they will have accomplished 
as much, as may be at present needful, leaving to their 
successors, the adoption of measures for the repayment of 
the debt of $500,000 "at any time after the 1st day of 
January, 1860," as originally stipulated. This arrange- 
ment will require a sinking fund of about $25,000 an- 
nually for the redemption of the principal, besides about 
$15,000, for interest. The latter sum, however, will 
gradually fall to $30,000 as the debt is diminished. In 
other words, it will require 370,000 or thereabouts to be 
annually applied to the public debt, over and above the 
ordinary expenses of Government, now averaging about 
a like sum, making the whole amount wanted for each 
year $140,000. 

In the Message to the last Legislature already referred 
to, our Revenue System was reviewed with reference to 
the demands on the Treasury, and an argument was 
submitted to demonstrate, that the State annually lost 
seven or eight thousand dollars, from failures, to enlist 
lands for taxation, whereby they had escaped their con- 
tingent entirely or from under valuation, by means of 
which, it had been avoided in part : and that probably 
an equal sum was lost in the Poll tax from a like crimi- 
nal negligence, in rendering lists of taxable persons. Ac- 
cordingly, the Act of the last Session directed a new as- 
sessment, and a more vigilant supervision of the enlist- 
ment of lands. The result has been, that the land Reve- 
nue of 1847, collected under the new Law, has exceeded 
that of 1846, under the old, by the sum of $5,911 02. A 
table attached to the Report of the public Treasurer will 
show that the total number of acres taxed in 1846 was 
22,368 558, and that in 1847 it rose to 24,359 075, and 
that the aggregate valuation of land and town property 
in 1846 was $55,254 194, and that in 1847 it grew to 
S66,430 821. With these material additions in quantity 



s 

and valuation, the amount of taxes received from real es- 
tate, is yet lower by two or three thousand dollars, than 
ought to be obtained at the present rate. There has 
been, also, an increase in the yearof$15Gl 7S in the poll 
tax, It appears now to be collected on 173,119, persons 
against 105 310 in the previous year. I am yet satisfied 
however, from the statistics embodied in my former mes- 
sage, that even this number falls short, by at least 20,000 
of the whole taxable population of the State. It there- 
fore will call for your investigation, why a valuation on 
land of $06,430 821, at six cents, on the one hundred dol- 
lars value, yields only $37, 921 21, and why, out of at 
least 195,000 taxable polls in the State, more than 20,000 
yet escape taxation altogether* The important addition 
to the revenue on real property and polls of near $7,500 
by reason of the measures adopted at the last Session, 
has-been the product of no new imposition on our consti- 
tuents, but the mere consequence of a fair and equal con- 
tribution to those formerly existing. By a still closer 
scrutiny of the subject, especially in the department of 
the Poll tax, I apprehend that a plan may be devised to ob- 
tain a still further increment of five or six thousand 
dollars, from the same sources at existing rates. 

But with all the aid derivable from such measures, the 
Treasury will need additional means to reduce our lia- 
bilities as proposed above. The Revenue collected, the 
present year, from all sources, amounts to $9G,G04 G9. 
By correcting the deficiences just now exposed, it may be 
raised to exceed $100,000, leaving a deficit of about 
$40,000, to be supplied from other resources. Of this it 
may be reasonably calculated, that $12,000 per year may 
be derived, from collections on Cherokee bonds trans- 
ferred to the Treasury, from the fund for Internal Improve- 
ment, under an Act of the last General Assembly. If two 
cents be added on the hundred dollars value of real estate^ 
as was the law prior to 1S21, and six cents on the 
poll, they would yield enough with the claim on the War 



9 

department, before mentioned, and the debt secured by 
mortgage on the Weldon Toll Bridge to the Board of In- 
ternal Improvement, which is not yet collected, to makeup 
the residue. It is however the peculiar province of the 
Legislature, to devise the ways and means to fulfil all 
our engagements, and preserve the public faith. And in 
suggesting those just named, which are simple, usual 
and certainly reliable, I desire to be understood as en- 
tertaining no preference for them, above any others, 
which the wisdom of the General Assembly shall approve 
The duty of the Executive is performed in presenting 
with frankness the necessities of the Treasury, leaving 
the manner and time of relief to the proper constitutional 
department of the Government. It is of moment how- 
ever that measures should be taken in due season to 
liquidate by degrees the States liabilities, and the pro- 
cess herein recommended is not more speedy than a wise 
policv demands. If additional resources shall be realized 
from a sale of the Railroad or recoveries in the suits against 
the stockholders, they will come opportunely in further- 
ance of the measure for reduction now proposed, but the 
expectation of them does not justify its postponement at 
the present Session. 

You will doubtless observe in the Reports of the Comp- 
troller, that there is no statement, of any tax, received 
on the succession to estates, real and personal of deceas- 
ed persons, by others than lineal descendants,which was 
imposed by an act of last Session. Whether the unfruit- 
fulness of this source of revenue thus far, has been owing 
to the failure to prescribe any specific time for its pay- 
ment to the clerks and for its being accounted for by 
them, or to other causes, is a question for your investiga- 
tion. 

Agreeably to the instructions of the Act of the last 
Session, I caused an Information in the nature of a Bill of 
Equity to be instituted in the proper Court of Wake 
County, against the stockholders and ohter obligors of the 



10 

Raleigh and Gaston Railroad Company, to recover the 
indemnity stipulated in the event of any loss to the State, 
by reason of her suretyships for that Company. The 
great number of parties defendant and the changes of 
parties by transfers of interest, and by deaths, have delay, 
ed the progress of the cause to final decision. And as it 
embraces the main subject of controversy between the 
State and any of the defendants, the counsel for the State 
have not pressed for trial the actions at Law against 
some of them, which had been previously pending. 

My opinion of the legal responsibilities of these par- 
ties, was presented at some length in the message of 
1846 and remains unchanged. In consideration however 
of the circumstances of their case, lam led to the conclu- 
sion that it is a proper subject for adjustment by com- 
promise, and that liberal terms should be allowed by the 
State. The transaction which occasioned it has been 
truly unfortunate for both paries. While on the one 
hand it has imposed a burthen on the Treasury, which is 
heavily felt, on the other the whole capital stock of ($700, 
000) subscribed and paid in has been lost to the individual 
contributors and the property in the Road which it went 
to construct has been purchased in by the State, and 
affords the accommodation to the public which was the 
chief inducement with the Legislature in authorizing its 
coustruction. If in addition to the loss of the stock al- 
ready sustained, they shall be subjected to an equal re- 
covery on the responsibilities subsequently contracted on 
account of the Road, it will be a double grievance which 
many (I apprehend) will be unable to bear. A portion 
of them have no doubt sufficient means to meet it without 
material injury. But the larger number, among whom are 
widows, orphans, clergymen, mechanics, planters with 
large families and moderate estates, have heretofore felt 
the deprivation of the means invested in this Road, as a 
calamity, and cannot suffer an exaction of a like amount 
now without ruin. I submit these observations (becom- 



it 

ing,as I think, the candor and impartial ityjof a Chief Mag- 
istrate) with the less reserve from an absence of all in- 
terest at any time in this work, and of connexion with 
any of the persons concerned which could occasion any 
improper bias. What may be fitting terms of accommo- 
dation can only be determined by the Legislature, and 
can be more readily negotiated by a conference of those 
interested with a committee of your body, than in any 
other mode. 

The operations of the Raleigh and Gaston Railroad 
for the past two years will be fully detailed in the Re- 
port of the Board of Commissioners. The statement of 
its Treasurer, published in the newspapers, in analogy !o 
the Report of the Comptroller, on the Public Finances, for 
the year ending the 1st of November 1847 showed its 
earnings to have been 868,902 57 and disbursements $65,- 
457 93. For the following year, ending November 1st. 
1848, the earnings were about $57,000 and disbursements 
(exclusive of extraordinary repairs, rendered necessary 
by a conflagration, which destroyed the principal build- 
ing of the Road at Raleigh,) $52,479 72. Add to this 
the amount of these repairs viz. .$28,791 93 and the sum 
total of disbursements will be ."$81,271 65. On the night 
of the 25th of Feburary last, the machine shop and en- 
gine house at the depot in Raleigh with all their contents 
of a combustible nature having been destroyed by fire, 
and the four best locomotives of the road, as well as the 
stationary steam engine being seriously endamaged, it 
became necessary to take immediate steps to repair the 
injury or to permit the Railroad with its appendages to 
go to destruction. Finding no power adequate to the ex- 
igency conferred on the commissioners of the road, I con- 
vened the counsel of State, and submitted to them the 
alternatives of either convoking the Legislature, in spe- 
cial Session, to provide the needful means, or of mortga- 
ging the Railroad property for the sum of $25,000 (the 
amount of loss and damag6 occasioned by the fire, as es- 



12 

timatel byitslV esideit) by virtue of the power conferred 
on the Governor and council, to make sale of the same. 
They advised the adoption of the latter, and an arrange- 
ment was made with the Bank of the State of North Car- 
olina, to advance the sum required, at such times as they 
might be called for by the progress of the repairs, on 
bonds of the S f ate, reciting on their face the considera- 
tion and a deed in trust on the Railroad and its appendant 
property, to secure their payment. Accordingly, bonds 
dated in April, May, and July last, amounting in the whole 
to $25,000 all payable the 1st January next, were negoti- 
ated and a deed in trust executed. Some provision is 
therefore necessary to take up these bonds. Designing to 
place the whole subject under the control of the Represen- 
tatives of the people at the earliest convenient day, I did 
not propose any longer term of credit. If this however 
be desirable, it doubtless can be easily effected, by issu- 
ing State Bonds at five years for an equal sum and re- 
quiring the Railroad, if retained by the State, to pay the 
interest as it may accrue and gradually to extinguish the 
principal. 

What course shall be adopted by the State in relation 
to retaining or disposing of this Road yet remains a ques- 
tion of great interest. Such has been the demand for re- 
pairs and improvements that it has yielded no dividends 
to the Treasury for the last two years. Two new Loco- 
motives however have been purchased at a cost of more 
than $7,000 each, and the other Engines refitted (except 
one wholly ruined by the fire before referred to) so that 
the motive power of the establishment is in better con- 
dition than at any time heretofore. New and superior 
Iron has been also purchased, and laid down, for near ten 
miles from Gaston Southward, and the whole superstruc- 
ture of the Road has been renewed for that distance. 
Very extensive renewals have also been made in the 
wood work of the line generally. But the process of re- 
pairing is now carried on under great disadvantage, for 



13 

want of Iron to relay a considerable part of the track, and 
the present earnings of the road are insufficient to pro- 
cure it. The Northern half of the line, over which the 
heaviest trains pass, was originally laid with thin Iron, 
which is much broken, and occasions a great waste of 
labor, in temporarily refitting with fragments, that are 
soon to be broken again, as well as constant damage to 
the Engines and Cars from the severe wear and tear to 
which it subjects them. A prudent economy often con- 
sists in a liberal expenditure. Any proprietor of this 
work, would find it his true interest to put it in complete 
repair, even if it were necessary to give lien on the pro- 
perty to raise the means. If therefore the road shall not 
be transferred to other hands during your sitting, it is 
obviously expedient and proper to purchase immediately 
Iron Railing sufficient to refit it for at least thirty miles. 
Fifty thousand dollars expended for this purpose, might 
enable the State to receive as profits some fifteen, twen- 
ty, or twenty-five thousand of the fifty-five to seventy 
thousand, the present income of the road, a large part of 
which is now spent on the ineffectual reparation above 
described. Its operations may go on, as at present with- 
out such aid, but they afford no prospect of profit. If a 
loan be contracted for this object on liberal time, there 
can be little doubt of the ability cf the road to pay it with 
interest. And in the event of a sale, it would enhance 
the price of the whole property by an amount certainly 
equal to the money thus laid out. 

It would no doubt be preferable to convert this pro- 
perty into funds, for the relief of the Treasury, rather than 
to make any other disposition of it. To expose it at auc- 
tion however, would be to sacrifice it from the magni- 
tude of the interest and the facility with which bidders 
could combine their capital and put down competition. 
After a committee of your body shall have made a 
thorough investigation of the affairs of the road, and to 
that end shall have examined on oath its officers and 



14 

head-workmen, if deemed necessary, three modes of dis- 
posing of it will, as I conceive, present themselves, to-wit : 
1st. A re-sale to the former stockholders by compromise 
of the suits now pending, if suitable terms be offered. 
2nd. To retain it as a permanent property of the Stato 
after repairing it in the best manner. 3rd. To unite it 
with another work, through the interior of the State 
which will be more particularly noticed in the sequel. 
The Wilmington and Raleigh Railroad Company have 
regularly paid the interest on all their debts, and effected 
considerable improvement on their Road with the income 
of the last two years. A minute statement of the con- 
dition of their affairs will accompany the Report of the 
Board of Internal Improvement. I am gratified to ob- 
serve a very handsome addition to their receipts, in the 
items of freight and way travel, showing that the local 
accommodation from this work is becoming much ex- 
tended. They will, 1 presume, be unable to pay off the 
principal of their bonds, guaranteed by the State, and 
amounting to $50,000, which will become due the 1st of 
January next. But so long as they continue to meet the 
accruing interest with their accustomed punctuality, there 
can be no objection to extending to them the State's 
credit, upon the same terms as heretofore or even for a 
longer period. 

In surveying our territory, with an eye to the present 
interest and wants of the people, I am more than ever 
impressed with our destitution of facilities for cheap and 
speedy transportation. In this regard, however unplea- 
sant may be the admission, I am forced to the conviction, 
that we labor under greater disadvantages than any State 
in the Union : And that we never can be equal competi- 
tors with their citizens in our Agriculture, the predomi- 
nant pursuit among us, until these disadvantages are in 
a great degree overcome. The man who is obliged to 
transport in waggons over no better roads than ours, a 
distance varying from sixty to two hundred and fifty 



15 

miles, at the speed of twenty-five miles per day, cau no 
more contend for profits with him who has the advantage 
of Railroads or good navigation, than can the Spinning 
Wheel with the Cotton Mill. Had we ever been in a more 
favorable situation in this respect, and had the impedi- 
ments which now beset us been imposed by human pow- 
er, no sacrifice would be esteemed too great to effect our 
deliverance and restore our prosperity. It is therefore 
a theme for the profoundest consideration of those enjoy- 
ing the confidence of a constituency thus situated, and 
intending to requite it by a faithful devotion to their in- 
terests, what can be done, or ought to be undertaken, to 
remove these grievances and place their industry and 
labor on an equal footing with those of their fellow citi- 
zens in other States? It must be admitted, that from 
Geographical causes, the question was originally one 
rather difficult of solution. And our former enterprizes 
in Internal Improvement, having failed from causes not 
necessary to be now commented on, the State has of late 
years taken no action in constructing works of this kind, 
and many good citizens appear to have concluded, that 
further efforts were vain, as our doom to privation in this 
particular was fixed fate. Meanwhile other States have 
pushed forward their improvements (some of them with 
a rash and extravagant hand, it is true, but in the main 
with the most beneficial results,) overcoming obstacles 
far greater than any which impede us, and obtaining for 
themselves, still greater advantages over us in the com- 
petitions of the market. We are therefore impelled not 
only by all the more obvious considerations which ap- 
pealed to us in former times, but by a reasonable self 
defence, to abandon further hesitation and adopt at once 
a system of improvement, commensurate with the wants 
and interest of the State. Too much should not be un- 
dertaken at once, but what may be attempted, should bo 
thoroughly completed. As the commencement of such a 
system, and a basis, on which other works mav be en- 



16 

grafted, to any desirable extent, as our means may from 
time to time permit,| a Railroad from Raleigh to Char- 
lotte by way of Salisbury, appears to me of the first mo- 
ment. This scheme has not been much considered here- 
tofore, and derives much of its importance from a kindred 
work, now in progress from Charlotte to Columbia, South 
Carolina. Already from Raleigh Northward continuous 
lines of Railroad and Steamboat transportation stretch 
through the towns of Virginia and the great cities of the 
North, to Portland in Maine, and Buffalow on Lake Erie. 
Similar works also exist, or are in progress, with a cer- 
tainty of completion in the course of a year or two, ex- 
tending from Charlotte Southward through Columbia to 
Charleston: and again from the former of these .through 
Augusta, and the interior of Georgia, and Tennessee to 
Nashville, as well as to the Mississippi, at Memphis, and 
to New Orleans, by way of Montgomery and Mobile. 
Through a part of North Carolina alone, a link is want- 
ing, to complete the grand chain of communication, from 
one extremity of our Country to the other, and to fur- 
nish to the whole nation those facilities of intercourse 
which the inhabitants North and South of us, enjoy in 
their several sections. The connexion proposed there- 
fore, being as it were a bridge over a space now impas- 
sible by steam cars, having at either end the great high- 
ways of the North and South, with their numerous 
branches for a thousand miles in both directions, pro- 
mises a reasonable remuneration for the outlay of its con- 
struction, from " through" transportation : and in a mil- 
itary and other points of view, would be of great nation- 
al advantage. Had nature supplied us with navigable 
rivers like the Mississippi, flowing from Raleigh and 
Charlotte, respectively, to New York and New Orleans, 
or even to Charleston, all would at once perceive the 
benefit of the junction of the two, though the interior of 
the State, as clearly as did the genius of Clinton that 
arising from the union of the Hudson with the great 



17 

Lakes- The parallel may not be yet perfect in the pre- 
sent state of Railroad conveyances, but is destined to be 
so at no distant day. 

But the foregoing are merely incidental inducements 
to undertake this work. It is commended to us as a great 
North Carolina improvement, appealing to our interest 
and State pride, by arguments which it were almost 
criminal to overlook. 1st. It would open to the market 
of the world an extensive region of the State, reaching 
from the Capitol almost to the Blue Ridge, of great fer- 
tility and capacity for indefinite improvement, by reason 
of its Agricultural, Mineral and Manufacturing resources: 
containing in the Counties within twenty-five miles of 
the most direct route, more than 230,000 souls : and with- 
in fifty miles, more than one half of our whole popula- 
tion, who are far removed from places of trade and de- 
pendent entirely on the common waggon and common 
road for all their transportation. The occasion will not 
permit me to dwell on its numberless benefits in this re- 
gard, which will readily occur to any one who looks on 
the Map of the State with the eye of a statesman and 
patriot. 2nd. It would add incalculably, to the business 
and value of one at least, (and ultimately of both,) of 
our present Railroads, in which the State has so deep an 
interest, and make them productive Stocks. 3rd. It 
would unite the middle and eastern with the western 
section of the State, in a domestic trade, and exchange 
of productions too cumbersome for the present mode of 
conveyance, besides facilitating travel for health, and so- 
cial intercourse. 4th. By running over the most practi- 
cable route from Raleigh to Salisbury, and thence turn- 
ing southwestward to Charlotte, it would bisect the 
State for more than a hundred miles, bringing the most 
remote on either side within fifty miles of the Railroad, 
and would be in a favorable location for being extended 
still farther west, from the former place, and to connect 



18 

advantageously by means of Turnpike roads with all the 
Northwestern part of our territory. 

Whilst it would confer these benefits on the interior 
Country now depressed and partially excluded from all pro- 
fitable commerce, the objection has not been overlooked 
that it does not point immediately to the seaboard of our 
own State, and to an increase of the prosperity of our mar- 
ket towns. Let them however not despair. Its advantages 
will be afforded to them in due season. After the comple- 
tion of the main track, a branch to Fayetteviile or other 
point on the navigable water of the Cape Fear River, will 
be of easy accomplishment. Its extension from Raleigh to 
Goldsboro' would be invited by the connexion thus to be 
formed, between Wilmington and the upper Country, and 
eventually it might realize that scheme of a central Rail- 
road consecrated by the patriotic labors of Caldwell in an 
extension from Goldsboro' to Beaufort. Whether therefore 
we regard it as a single work, or as the groundwork of an 
extensive plan, the Road from Raleigh to Charlotte ap- 
pears to be the important improvement which should first 
engage our attention and our energies. And I accordingly 
recommend it to the patronage of the Legislature, to the 
amount of one half, or at least two fifths of the capital, ne- 
cessary for its construction. The distance is about one hun- 
dred and sixty miles by the mail route, and the cost of the 
Road and equipments over such route as may be selected 
would probably not exceed $1,600,000. As an inducement 
to aid this scheme, it presents an opportunity for disposing 
of the Raleigh & Gaston Road, as has been intimated in the 
preceding remarks, on that topic. A Company might be or- 
ganized to embrace the entire line from Gaston to Char- 
lotte, and the Road now owned by the State transferred to 
them at a fair valuation in payment of her subscription for 
stock. Of the particulars of such an arrangement if favor- 
ed by the Legislature, no delineation is here required. I 
have already treated of this subject with more minutenesi 



19 

may be appropriate, in an addressof this kind, because than 
it has as yet attracted but little of the public attention* 
and from a deep impression of its utility in alleviating the 
condition of our industry and reviving the waning for- 
tunes of our countrymen — while it gives an assured hope 
of profit on the capital invested. 

1 have remarked with much satisfaction thatsome en- 
terprising persons among our fellow citizens, have com- 
menced the Navigation of Neuse and Tar rivers with 
Steam Boats of a light class, and that a spirit is awaken- 
ed among the people in the upper section of the Cape 
Fear to open that river for navigation to or above the 
confluence of its main branches. Every successful effort 
at objects of this nature is a public benefit, & deserves the 
fostering aid of the Legislature. 

It has not been thought expedient to exercise the power 
conferred on the Board of Internal Improvement by the 
last General Assembly to sell the CIub-Foot and Har- 
low's Creek Canal, and it expired by limitation with the 
opening of your Session. 

I beg again to impress on your attention the indispensa- 
ble necessity of improving our public Roads. It is little 
creditable to our enterprize and intelligence, that al- 
though we are considerably taxed, in the frequent calls on 
our labor for this object, our method of maintaining the 
public highways has made no advance be} r ond that exis- 
existing in England in the time of Philip and Mary. If 
Commissioners not exceeding two in each County, were 
elected by the County Courts with authority to inspctthe 
chief public roads, and lay them off on the most favorable 
ground, and were clothed with authority to supervise 
and direct the hands assembled to work them, it would 
doubtless, tend much to their improvement. These Courts 
should also be invested with power to make appropria- 
tions from the County funds to alter and improve the 
most difficult parts, and to make plank roads where ne- 
cessary and practicable, with the means at their com- 



20 

marid. Indeed it is urged upon your inquiry, whether the 
recent improvement of the plank road, may not be intro- 
duced into extensive use iri this State. The simplicity of 
their construction, involving little or no expense for en- 
gineering, the abundance and cheapness of timber, and 
their adaptation to the sand and swamp of the lower, and 
the clay soil of the upper Country, recommend them to 
us with much force. 

A Geological survey of the State is more than ever de- 
manded, in consequence of fresh discoveries of useful 
and valuable minerals in new situations, and the im- 
portant results of like explorations in other States. 

We have been as yet wifhout any provision for the me- 
lioration of the condition of our pauper Lunatics. Those 
of the poorer classes who have been visited, with the 
loss of reason, have been abandoned to their fate, except 
in cases of furious madness, in which they have been 
committed to the common jails, as disturbers of the Peace 
It is now ascertained that these diseases of the mind, (the 
severest inflictions of Heaven on our race) are curable 
as those of the body : and most enlightened States, have 
established hospitals, where the poor thus afflicted are 
watched over, during the eclipse of the understanding 
and supplied with needful remedies. A distinguished 
person of the gentler sex who has devoted much of her 
life to the pious duty of pleading the cause of the Luna- 
tic, before States and communities, has recently tra- 
versed a considerable part of this State, in search of in- 
formation respecting these unfortunates, among us, and 
will probably ask leave to present their case to you, at an 
early day. I cannot too earnestly commend the cause 
itself, or the disinterested benevolence of its advocate. 

Pursuant to an act of the last Legislature, for the 
sale of certain Cherokee Lands, which had been surren- 
dered to the State, by the former purchasers, a Board of 
Commissioners was constitucd who placed valuations on 



21 

the several tracts, in conformity with the law, and 
they were exposed for sale by pre-emption and otherwise 
on the terms therein prescribed. One hundred and 
twenty seven tracts comprehending 20,528 acres, besides 
two town lots were appropriated by pre-emptions at the 
aggregate price of 836,763 33, the same lands having been 
sold at the former sale for 89S,690 46, and twenty three 
tracts embracing 2753 acres were disposed of at the im- 
proved valuations, for -52,229 83, these having brought at 
the first sale $5677,33. One fourth of the purchase mo* 
ney was required to be paid clown, and the residue was 
secured in four equal annual installments. The Agent 
cf the State reports thirty-si:: tracts of surrendered land 
comprising 4939 acres, valued now at $70S3 48, and for- 
merly sold for ^11,889 24, as remaining unsold in either 
mode. The time allowed for the private sales, having 
only expired in August last, I have not appointed a pub- 
lic sale of the residue as authorized by the act. It seems 
to me, however, expedient to make a general sale not on- 
ly of this residue, but of all the other surveyed lands in 
that region, whether acquired under the treaties of 1817, 
1819 or 1835, for cash, and that those unsurveyed should 
either be surveyed and disposed of in a like manner or 
be opened to entry, as other public lands. The policy of 
holding them back for higher prices, has been tried long 
enough to prove it unwise. 

During its last winter term, the Supreme Court was 
deprived by death of the Honorable Joseph J. Daniel, an 
upright, useful and learned Judge, who had administered 
justice acceptably from our Bench for more than thirty 
years. To fill the vacancy thereby occasioned, a tempo- 
rary Commission was granted, with the advice of the 
Council of the State, to the Honorable William H. Battle, 
of the Superior Court bench. And to supply the vacan- 
cy thus made, a like commission, with the advice of the 
council was granted to Augustus Moore. Esq. of Edenton. 



22 

The Office of Attorney General, also becoming vacant, by 
the resignation of the Honorable Edward Stanly, in May 
last, his place was in like manner temporarily supplied 
by commissioning Bartholemew F. Moore Esq. of Hali- 
fax. On you will devolve the duty of making permanent 
appointments to these several Ollices. 

I repeat the recommendation made to the last General 
Assembly, as confirmed by subsequent reflection and ob- 
servation, that all jurisdiction over Pleas, in the County 
Courts be abolished, and that provision be made for 
three terms of the Superior Court per year in each Coun- 
ty. The change is urged upon us by the manifold rea- 
sons : 1st. that it would conduce to a more correct and 
speedy administration of justice. 2nd. It would impose 
a less amount of cost on the parties cast in legal contro- 
versies. 3rd. It would save time to those called out to 
attend Court by reducing the number of terms, from six 
to three in each year. 4th. It would effect a still greater 
saving in the County taxes, by dispensing with one half 
of the collections now made to pay Jurors, besides other 
expenses. 5th. It hvs been tried in other States, and 
found to realize the most sanguine expectations. The cost 
of the addition of two more Judges, which the alteration 
might require, would be as nothing compared to the 
maintainance of the present system. 

The Report of the President and Directors of the Lit- 
erary Fund will acquaint you with the present state of 
the important interests committed to their charge. The 
loan office formerly connected with this Board, has been 
discontinued by delivering over to the Publie Treasurer 
the Bonds and Judgments against individuals, held by it, 
as directed by the last Legislature, on his executing the 
Bond of the State for the aggregate amount, viz. $40,- 
360 55, covenanting to repay the same to the Board on 
demand, and the interest which may accrue on the 1st. 
of September in each year. 



23 

A contract has been made, for suitable Buildings in 
Raleigh, for the education of Deaf mutes and Blind per- 
sons ; according to the act of the last Session, and these 
edifices are partially finished. The school for the instruc- 
tion of Deaf mutes is still in successful operation and 
contains at present twenty five pupils. There has been 
great inattention on the part of almost all the Counties 
sending pupils to the provision of the Law, requiring 
them to contribute a part of their support and thus far 
almost the whole expense of the school has fallen on the 
Literary Fund, to the curtailment of the distribution for 
Common Schools. This delinquency will require correc- 
tion at the hands of the Legislature. 

There was distributed among the several Counties for 
the support of the Common Schools in the year ending 
the 1st of September, 1817, the sum of $101,775 00, and in 
the subsequent year, the sum of $S9,543 14, the diminution 
in the latter being chiefly caused by the withdrawal of 
the amounts appropriated to the Building already noticed. 
The nett annual income of this fund to be distributed 
for Common Schools will probably be not less than 
$100,000: and it is worthy of your serious inquiry 
whether as a pre-requisite to receiving a quota in such 
divisions, each County shall not be required to have 
levied at least one half of a like amount for the benefit of 
her schools, by local taxation. At present, the law is 
construed as not imperative on this point, but permis- 
sive : and in many of them, nothing is collected in aid of 
the general fund, and the Schools languish for want of 
adequate support. If there be any doubt on this ques- 
tion, I presume there can be none as to the propriety of 
withholding the distributive share of each County until 
the Chairman of Superintendents shall have made satis- 
factory Reports, as to the disposition made of her previous 
receipts and the state of the Schools, and the educational 
interests within her limits. There is now no sufficient 



*4 

accountability for the expenditure of the money, or the 
affective administration of the system. Where it operates 
well, it is rather owing to the public spirit and enlighten- 
ed labors of its administrators than to any legal obliga- 
tion upon them. Oar misfortune however is, that, in 
many situations we can obtain no knowledge of its opera- 
tion at all. Not more than two thirds of the Counties, 
at the utmost, have reported its condition in them, in any 
one year ; and a considerable number have never given 
any indication of its existence in them, except in drawing 
their shares in the distributions made from the Treasury. 
If you shall not think proper to institute a rigid enquiry 
as to the disposition which has been made of the public 
funds in these Counties, it is highly expedient, in order to 
ascertain the practical operation of the system, and to 
collect a mass of information for its improvement, that a 
Committee of the Legislature shall summon before them 
such and so many of the Chairmen in various Counties, 
or other intelligent persons, as they shall require, and 
take their examination, on oath, touching the merits of 
our present School laws, and their administration in the 
community. This mode of obtaining knowledge to en- 
lighten the course of Legislation is not unfrequent in 
other Parliamentary Assemblies, and cannot but be of 
great utility on the subject under consideration. No con- 
cern of the State is now of greater importance, whether 
we regard the amount of monies expended or the object 
intended to be accomplished. I am yet of opinion that 
a school Commissioner to supervise its administration, 
visit the several Counties and districts, advise as to its 
management, exact accountability from the County au- 
thorities give publicity to their proceedings, and the due 
meed of praise to the deserving, and censure to the delin- 
quent, is indispensible to the success of these schools, at 
least until they are established on a better foundation 
than at present, and that the necessity of such an agent 



25 

would be demonstated by the investigation now pro- 
posed. 

Sundry interesting matters pertaining to the Swamp 
Lands, under the control of the Literary Board, will no 
doubt receive your attention in their report which will 
be laid before you without delay. 

The recent return of our volunteers to their respective 
neighborhoods, with the familar knowledge of discipline 
acquired in a service of eighteen months, affords advan- 
tages tor the improvement of our militia system: and 
the revision of our code under that head is again re- 
commended to your attention. 

The term of the Honorable George E. Badger, as a 
Senator of the United States from this State, will expire 
on the 4th of March next, and the election of a succes- 
sor, will be among your duties. 

The completion of the enclosure around Union square 
presents a fit occasion for paying a long deferred tribute 
to the memories of two noble martyrs io the liberty and 
glory of the State. Brigadier Generals Francis Nash, 
and William Davidson, the former of the Continental 
line from this State and the latter commanding our Mili- 
tia force, at the period of the British invasion, were both 
killed in battle, in the War for Independence and in the 
gallant discharge of duty. The continental Congress 
immediately after the fall of each, expressed their sense 
of his character, in terms of the highest commendation 
and requested the Governor of the State to cause a 
monument in honor of him to be erected, at a cost 
of Five Hundred dollars, and to draw on the National 
Treasury for the respective amounts. But nothing hasr 
over been done to give effect to these resolutions. Ire- 
commend that a simple monument of native material, 
with suitable inscriptions in regard to each be reared in 
the grounds of the Capitol, and that an appropriation not 
exceeding the aggregate of the sumsabovestated.be 
made for the purpose. It would be a fitting memorial 



26 

of the patriotic services and sacrifices of the illustrious 
dead, and a perpetual incentive to the living, to lead such 
lives, and if duty demand it, to devote themselves to such 
deaths, for their Country. 

At the solicitation of sundry good citizens, I suggest 
the propriety of adopting a joint resolution requesting 
the Govenor in future to recommend someday in each 
recurring year, to be observed in the manner each indi- 
vidual or community may think best, as a day of thanks- 
giving to the Almighty ruler of nations, for his kindness, 
and care over us, as a people. The custom of such an 
observance is now nearly universal in the States, and 
seems to be but a fitting requital for the favors we en- 
joy* 

Having received information of the deaths of James K. 

Hill, and Harrison W. Covington, Senators, and Alfred 
Marler, member of the House of Commons, and the resig- 
nation of Hugh Waddell Senator, and A. C. Mcintosh, 
and Henry H. Watters, members of the House, all elect- 
ed to the present General Assembly, I have issued writs 
of election to supply the several vacancies. 

With great deference to the General Assembly, I re- 
commend a more strict supervision of the enrolment of 
the Acts which may receive their sanction. The wisest 
intentions may fail of effect, by clerical omissions or in- 
advertance and cases have occurred where the extremest 
license of construction, was barely sufficient to effect the 
known purposes of the framers of the Law. 

The resignations of Justices of the Peace, since the 
last Session are transmitted in the package marked A. 
and the Resolutions and proceedings of sundry State 
Legislatures, requested to be laid before you, in that 
marked B. 

Copies of the reports of the Comptroller for the year 
ending 1st. Nov. 1847 printed for the use of the General 
Assembly are likewise sent herewith. 



27 

My Letter Book will be submitted to your inspection 
by my Private Secretary at the convenience of the Leg- 
islature. 

As the most appropriate opportunity which may occur 
in the brief remainder of my term of office, I desire, in 
conclusion, to acknowledge my profound obligations to 
the people of the State, for the honors bestowed by their 
hands and the confidence of kindness, which has been ex- 
tended to my official action, to repeat my vows of devo- 
tion to the great principles of Constitutional freedom, 
which are the basis of our system of Government, and 
my most ardent wishes for the enduring prosperity, hap- 
piness, and glory of our Country. 

WILL. A. GRAHAM. 



Executive Department, 
Raleigh, Nov. II, 1848 



I 



RULES OF ORDER 



FOR THE 



GOVERNMENT OF THE 



OP 



NORTH CAROLINA: 



TO WHICH ARE PREFIXED 



THE CONSTITUTIONS 



OF THE 



UNITED STATES AND OF NORTH CAROLINA. 



RALEIGH : 
WESTON R. GALES, PRINTER TO THE LEGISLATURE. 

1848. 



CONSTITUTIONAL LAW. 



CHRONOLOGICAL TABLE. 



Magna Charta of King John, 15 June, 1215. 

Petition of Rights, 2 June, 1628. 

First Charter of Carolina, 24 March, 1663. 

Second Charter of Carolina, 17 June, 1665. 

Fundamental Constitution of Carolina, (by Locke,) 1 March, 1669. 

The Habeas Corpus Act, (31 Ch. II, ch. 2,) 2 May, 1679. 

Bill of Rights, (1 William and Mary, sess. 2, ch. 2,) 1689. 
Act for the surrender of the Proprietary Title to 

Carolina, (2 Geo. II, ch. 34,) 1729. 

Grant to Lord Carteret, afterwards Earl Granville, 17 Sept. 1744. 

Declaration of Independence, 4 July, 1776. 

Constitution of the State of North Carolina, 18 Dec 1776. 

Articles of Confederation, 8 July, 1778. 

Treaty of Peace, 3 Sept. 1783. 

Constitution of the United States, 17 Sept. 1787. 

Amended Constitution of North Carolina, 1 Jan. 1936, 



TABLE 

Of parallel principles in the (English) Bill of Rights, 
the (North Carolina) Declaration of Rights, and the 
ten original amendments to the Constitution of the 
United States. 



I.— BILL OF RIGHTS, 1689. 



Section I. 
II. 
III. 
IV. 
V. 

VI. Amend: to Con. U. S- 

Art. II. 

VII. Amend, to Con. U. S. 

Art. III. 
VIII. 

IX. Con. U.S. Art. I, Sec. 

VI. 

X. Amend, to Con. U. S. 

Art. VIII. 

XI. Amend, to Con- U. S. 

Art. VI. 
XII. 
XIII- 



Declaration of Rights, Section V. 



XVI. 
XVIII. 

XVII. 

XVII. 
VI. 

II I. 

X. 

IX. 

XX. 



II.— DECLARATION OF RIGHTS, 1776. 

Section 1 Amendment to Constitution of the United States, Article 10 
2 " " " " 9 



(v) 

Section 3 Constitution of the United States, Art. 1, Sec. 9, *I 7 

4 " " " 1, " 1, 

It X U i) II 1 

*< II II O II 1 

O, 1, 

5 Bill of Rights Section 2 

6 " " •« 8 

7 Amendment to Constitution of the United States, Article 5 

8 " " «i a ^ 

9 " " « « 

10 " " " » 8 

11 " " » « 4 

12 Magna Charta, Sec. XLVI.— Amend. Con. U. S. " 4 

13 Constitution of the United States, Art. 1, Sec. 9, ^2 

14 Amendments to Constitution of the United States, Article 7 

15 " " " « J 

16 Bill of Rights, Section 4 

17 Amendments to Constitution of the United States, Article 2 

18 Bill of Rights, Sec. 5, Amend. Con. of United States, " 1 

19 Amendments to Constitution of the United States, " 1 

20 Bill of Rights, Section 13 
21 

22 Constitution of the United States, Art. 1, Sec. 9, IT 1 

23 

24 Constitution of the United States, Art. 1, Sec. 10, IF 1 

25 



III— AMENDMENTS TO THE CONSTITUTION OF THE 
UNITED STATES. 

Article 1 Declaration of Rights, 

2 " " 

3 " " 

4 « « 

5 " « 

6 " « 

7 it it 

8 " " 

9 " " 
10 " « 



scctio: 


a 19 


« 


17 


M 


17 


(I 


11 


a 


7 


a 


8 


<> 


14 


t( 


10 



CONSTITUTION 



OF THE 



We, the People of the United States, in order to form a 
more perfect union, establish justice, ensure domestic 
tranquility, provide for the common defence, promote the 
general welfare, and secure the blessings of liberty, to 
ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 

ARTICLE I. 

SECTION I. 

All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

SECTION II. 

The House of Representatives shall be composed of 
members chosen every second year by the people of the 
several States ; and the electors in each State shall have 



8 

the qualifications requisite for electors of the most nume- 
rous branch of the State Legislature. 

No person shall be a Representative who shall not 
have attained to the age of twenty-five j'ears, and been 
seven years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress 
of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. 
The number of Representatives shall not exceed one for 
every thirty thousand, but each State shall have at least 
one Representative ; and until such enumeration shall 
be made, the State of New Hampshire shall be entitled 
to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York 
fiix, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

When vacancies happen in the representation from 
any State, the Executive authority thereof shall issue 
writs of election to fill such vacancies. 

The House of Representatives shall choose their 
Speaker and other officers ; and shall have the sole 
power of impeachment. 

SECTION 111. 

The Senate of the United States shall be composed of 
two Senators from each State, chosen by the Legislature 
thereof, for six years ; and each Senator shall have one 
vote. 



Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided as 
equally as may be into three classes. The seats of the 
Senators of the first class shall be vacated at the expira- 
tion of the second year ; of the second class, at the expi- 
ration of the fourth year ; and of the third class at the 
expiration of the sixth year ; so that one-third may be 
chosen every second year. And if vacancies happen by 
resignation or otherwise, during the recess of the Legis- 
lature of any State, the Executive thereof may make 
temporary appointments, until the next meeting of the 
Legislature, which shall then fill such vacancies. 

No person shall be a Senator, who shall not have at- 
tained to the age of thirty years, and been nine years a 
citizen of the United States,and who shall not,when elected, 
be an inhabitant of that State for which he shall be chosen. 

The Vice President of the United States shall be Presi- 
dent of the Senate, but shall have no vote, unless they 
be equally divided. 

The Senate shall choose their other officers, and also 
a President pro tempore, in the absence of the Vice Presi- 
dent, or when he shall exercise the office of President of 
the United States. 

The Senate shall have the sole power to try all im= 
peachments : when sitting for that purpose, they shall 
be on oath or affirmation. When the President of the 
United States is tried, the Chief Justice shall preside ; 
and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

Judgment, in cases of impeachment, shall not extend 
further, than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust, or profit, 
under the United States ; but the party convicted shall 
nevertheless be liable aud subject to indictment, trial, 
judgment, and punishment, according to law. 

SECTION TV. 

The times, places, and manner, of holding elections for 
Senators and Representatives, shall be prescribed in each 



10 

State by the Legislature thereof; but the Congress may, 
at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators. 

The Congress shall assemble at least once in every 
year, and such meeting shall be on the first Monday in 
December, unless they shall by law appoint a different 
day. 

SECTION V. 

Each House shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a 
smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent mem- 
bers, in such manner, and under such penalties as each 
House may provide. 

Each House may determine the rules of its proceed- 
ings, punish its members for disorderly behaviour, and, 
with the concurrence of two-thirds, expel a member. 

Each House shall keep a Journal of its proceedings, 
and from time to time publish the same, excepting such 
parts as may, in their judgment, require secrecy ; and 
the yeas and nays of the members of either House, on any 
question, shall, at the desire of one-fifth of those present, 
be entered on the Journal. 

Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two Houses shall be sitting. 

SECTION VI. 

The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law, 
and paid out of the Treasury of the United States. 
They shall in all cases, except treason, felony, and breach 
of the peace, be privileged from arrest, during their 
attendance at the session of their respective Houses, and 
in going to and returning from the same ; and for any 



a 

speech or debate in either House, they shall not be ques- 
tioned™ any other place. 

No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have 
been increased during such time ; and no person holding 
any office under the United States shall be a member of 
either House during his continuance in office. 

SECTION VII. 

All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose, 
or concur with, amendments, as on other bills. 

Every bill which shall have passed the House of Rep- 
resentatives and the Senate, shall, before it becomes a 
law, be presented to the President of the United States ; 
if he approve he shall sign it, but if not, he shall return 
it, with his objections, to that House in which it shall 
have originated, who shall enter the objections at large 
on their Journal, and proceed to reconsider it. If, after 
such reconsideration, two-thirds of that House shall agree 
to pass the bill, it shall be sent, together with the objec- 
tions, to the other House, by which it shall likewise be 
reconsidered, and, if approved by two-thirds of that 
House, it shall become a law. But in all such cases the 
votes of both Houses shall be determined by yeas and 
nays, and the names of the persons voting for and against 
the bill shall be entered on the Journal of each House 
respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted,) after it 
shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the 
Congress, by their adjournment, prevent its return ; in 
which case it shall not be a law. 

Every order, resolution, or vote, to which the concur* 
rence of the Senate and House of Representatives may 
be necessar} r , (except on a question of adjournment,) 



12 

shall be presented to the President of the United States ; 
and before the same shall take effect, shall be approved 
by him, or, being disapproved by him, shall be repassed, 
by two-thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed in 
the case of a bill. 



SECTION VIII, 

The Congress shall have power to lay and collect 
taxes, duties, imposts, and excises, to pay the debts, and 
provide for the common defence and general welfare of 
the United States ; but all duties, imposts, and excises, 
shall be uniform throughout the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and 
among the several States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and 
uniform laws on the subject of bankruptcies throughout 
the United States ; 

To coin money, regulate the value thereof, and of 
foreign coin, and fix the standard of weights and mea- 
sures ; 

To provide for the punishment of counterfeiting the 
securities and current coin of the United States ; 

To establish post offices and post roads ; 

To promote the progress of science and useful arts, 
by securing, for limited times, to authors and inventors, 
the exclusive right to their respective writings and dis- 
coveries ; 

To constitute tribunals inferior, to the Supreme Court. 

To define and punish piracies and felonies committed 
on the high seas, and offences against the law of nations ; 

To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land or water ; 

To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two 
years ; 

To provide and maintain a navy ; 



13 

To make rules for the government and regulation of 
the land and naval forces ; 

To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel in- 
vasions ; 

To provide for organizing, arming, and disciplining, the 
militia, and for governing such part of them as may be 
employed in the service of the United States, reserving 
to the States respectively, the appointment of the officers, 
and the authority of training the militia according to 
the discipline prescribed by Congress ; 

To exercise exclusive legislation, in all cases whatso- 
ever, over such district (not exceeding ten miles square) 
as may, by cession of particular States, and the accep- 
tance of Congress, become the seat of the Government 
of the United States, and to exercise like authority over 
all places purchased by the consent of the Legislature of 
the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other needful 
buildings ; — And 

To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the Govern- 
ment of the United States, or in any department or office 
thereof. 



SECTION IX. 

The migration or importation of such persons as any 
of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the year 
eighteen hundred and eight, but a tax or duty may be 
imposed on such importation, not exceeding ten dollars 
for each person. 

The privilege of the writ of Habeas Corpus shall not 
be suspended, unless when in cases of rebellion or inva- 
sion, the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 



14 

No capitation, or other direct tax, shall be laid, unless 
in proportion to the census or enumeration herein before 
directed to be taken. 

No tax or duty shall be laid on articles exported from 
any State. 

No preference shall be given by any regulation of 
commerce or revenue to the ports of one State over 
those of another ; nor shall vessels bound to, or from, 
one State, be obliged to enter, clear, or pay duties in 
another. 

No money shall be drawn from the Treasury, but in 
consequence of appropriations made by law ; and a 
regular statement and account of the receipts and ex- 
penditures of all public money shall be published from 
time to time. 

No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or trust 
under them, shall, without the consent of the Congress, 
accept of any present, emolument, office, or title, of any 
kind whatever, from any king, prince, or foreign State. 

section x. 

No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; make any thing but gold 
and silver coin a tender in payment of debts ; pass any 
bill of attainder, ex post facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, 
lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its in- 
spection laws ; and the nett produce of all duties and 
imposts, laid by any State on imports or exports, shall be 
for the use of the Treasury of the United States ; and 
all such laws shall be subject to the revision and control 
of the Congress. 

No State shall, without the consent of Congress, lay 
any duty of tonnage, keep troops, or ships of war, in 



15 

time of peace/enter into any agreement or compact with 
another State, or with a foreign power, or engage in war, 
unless actually invaded, or in such imminent danger as 
will not admit of delay. 



ARTICLE II. 

SECTION I. 

The Executive power shall be vested in a President 
of the United States of America. He shall hold his 
office during the term of four years, and, together with 
the Vice President, chosen for the same term, be elected 
as follows : 

Each State shall appoint, in such manner, as the Leg- 
islature thereof may direct, a number of electors, equal 
to the whole number of Senators and Representatives 
to which the State may be entitled in the Congress : but 
no Senator or Representative, or persons holding an 
office of trust or profit under the United States, shall be 
appointed an elector. 

The electors shall meet in their respective States, and 
vote by ballot for two persons, of whom one at least 
shall not be an inhabitant of the same State with them- 
selves. And they shall make a list of all the persons 
voted for, and of the number of votes for each ; which 
list they shall sign and certify, and transmit sealed to the 
seat of the Government of the United States, directed to 
the President of the Senate. The President of the Senate 
shall, in the presence of the Senate and House of Repre- 
sentatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest num- 
ber of votes shall be President, if such number be a ma- 
jority of the whole number of electors appointed ; and 
if there be more than one who have such majority, and 
have an equal number of votes, then the House of Rep- 
resentatives shall immediately choose, by ballot, one of 
them for President ; and if no person have a majority, 



1G 

then from the five highest on the list the said House 
shall, in like manner, choose the President. But in 
choosing the President, the votes shall be taken by States, 
the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or 
members from two-thirds of the States, and the majority 
of all the States shall be necessary to a choice. In every 
case, after the choice of the President, the person having 
the greatest number of votes of the electors shall be the 
Vice President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them 
by ballot the Vice President. 

The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes ; 
which day shall be the same throughout the United 
States. 

No person except a natural born citizen, or a citizen 
of the United States at the time of the adoption of this 
Constitution, shall be eligible to the office of President ; 
neither shall any person be eligible to that office who 
shall not have attained to the age of thirty-five years 
and been fourteen years a resident of the United States. 

In case of removal of the President from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on 
the Vice President, and the Congress may bylaw provide 
for the case of removal, death, resignation, or inability, 
both of the President and Vice President, declaring what 
officer shall then act as President, and such officer shall 
act accordingly, until the disability be removed, or a Tivsi- 
dent shall be elected. 

The President shall, at stated times, receive for his 
services, a compensation, which shall neither be increased 
nor diminished during the period for which he shall 
have been elected, and he shall not receive within that 
period any other emolument from the United States, or 
any of them. 

Before he enters on the execution of his office, he shall 
take the following- oath or affirmation : 



17 

u I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and 
will, to the best of my ability, preserve* protect, and de- 
fend the Constitution of the United States.'' 



SECTION It. 

The President shall be Commander-in-Chief of the 
Army and Navy of the United States, and of the Militia 
of the several States, when called into the actual service 
of the United States ; he may require the opinion, in 
writing, of the principal officer in each of the Executive 
Departments, upon any subject relating to the duties of 
their respective offices ; and he shall have power to 
grant reprieves and pardons for offences against the Uni- 
ted States, except in cases of impeachment. 

He shall have power, by and with the advice and con- 
sent of the Senate, to make treaties, provided two-thirds 
of the Senators present concur ; and he shall nominate 
and, by and with the advice and consent of the Senate, 
shall appoint ambassadors, other public ministers, and 
consuls, Judges of the Supreme Court, and all other offi- 
cers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be estab- 
lished by law. But the Congress may by law vest the 
appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the 
heads of departments. 

The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by 
granting commissions which shall expire at the end of 
their next session. 

SECTION" II. 

He shall from time to time give to the Congress infor- 
mation of the state of the Union, and recommend to their 
consideration such measures as he shall judge v?o?^ t iry 
and expedient ; he may, on extraordinary occasions, eon- 
3 



IS 

vene both Houses, or either of them, and in case of dis- 
agreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he 
may think proper ; he shall receive ambassadors and 
other public ministers ; he shall take care that the laws 
be faithfully executed, and shall commission all the offi- 
cers of the United States. 

SECTION IV. 

The President, Vice President, and all civil officers of 
the United States, shall be removed from office on im- 
peachment for and conviction of treason, bribery, or 
other high crimes or misdemeanors. 



ARTICLE III. 

SECTION X. 

The judicial power of the United States, shall be vested 
in one Supreme Court, and in such inferior Courts as the 
Congress may, from time to time, ordain and establish. 
The Judges both of the Supreme and inferior Courts, 
shall hold their offices during good behavior, and shall, 
at stated times, receive for their services, a compensation, 
which shall not be diminished during their continuance 
in office. 

SECTION II. 

The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the 
United States, and the treaties made, or which shall be 
made, under their authority ; — to all cases affecting am- 
bassadors, other public ministers, and consuls ; — to all 
cases of admiralty and maritime jurisdiction ; — to con- 
troversies between two or more States ; — between a 
State and citizens of another State ; — between citizens 
of different States;— between citizens of the same State 



19 

claiming lauds under grants of different States ; — and 
between a State, or the citizens thereof, and foreign 
States, citizens, or subjects. 

In all cases affecting ambassadors, other public minis- 
ters, and consuls, and those in which a State shall be a 
party, the Supreme Court shall have original jurisdiction. 
In all the other cases before-mentioned, the Supreme 
Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions, and under such regulations, 
as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the State 
where the said crimes shall have been committed ; but 
when not committed within any State, the trial shall be 
at such place or places as the Congress may by law have 
directed. 

SECTION III. 

Treason against the United States, shall consist only 
in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall 
be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open 
Court. 

The Congress shali have power to declare the punish- 
ment of treason, but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life 
of the person attainted. 

ARTICLE IV. 

SECTIOX I. 

Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every 
other State. And the Congress may, by general laws, 
prescribe the manner in which such acts, records, and 
proceedings shall be proved, and the effect thereof. 



20 



SECTION 11. 

The citizens ci" each State shall be entitled to all prk 
vileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found 
in another State, shall, on demand of the executive 
authority of the State from which he fled, be delivered 
up, to be removed to the State having jurisdiction of the 
crime. 

No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in conse-? 
queuce of any law or regulation therein, be discharged 
from such service or labor, but shall be delivered up on 
claim of the party to whom such service or labor may 
be due. 

SECTION in. 

New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State ; nor any 
State be formed by the junction of two or more States, 
or parts of States, without the consent of the Legislature 
of the States concerned, as well as of the Congress. 

The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory 
or other property belonging to the United States ; and 
nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States, or of any par- 
ticular State. 

SECTION IV. 

The United States shall guarantee to every State in 
this Union a republican form of government, and shall 
protect each of them against invasion ; and on applica- 
tion of the Legislature, or of the Executive, (when the 
Legislature cannot be convened) against domestic vio- 
lence. 



21 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses 
shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the Legislatures 
of two-thirds of the several States, shall call a Conven- 
tion for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this 
Constitution, when ratified by the Legislature of three- 
fourths of the several States, or by Conventions in three- 
fourths thereof, as the one or the other mode of ratifica- 
tion may be proposed by the Congress ; provided that no 
amendment which may be made prior to the year one 
thousand eight hundred and eight, shall in any manner 
affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 



ARTICLE VI. 

All debts contracted, and engagements entered into, 
before the adoption of this Constitution, shall be as valid 
against the United States under this Constitution as under 
the Confederation. 

This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all the 
treaties made, or which shall be made, under the autho- 
rity of the United States, shall be the supreme law of 
the land ; and the Judges in every State shall be bound 
thereby, any thing in the Constitution or laws of any 
State, to the contrary notwithstanding. 

The Senators and Representatives before-mentioned, 
and the members of the several State Legislatures, and 
all Executive and Judicial officers, both of the United 
States and of the several States, shall be bound, by oath 
or affirmation, to support the Constitution ; but no reli- 
gious test shall ever be required as a qualification to any 
office or public trust under the United States. 



*2'l 



ARTICLE VII. 

The ratification of the Conventions of nine States 
shall be sufficient for the establishment of this Constitu- 
tion between the States so ratifying the same. 

Done in Convention, by the unanimous consent of the 
States present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the Independence of the United 
States of America the twelfth. In witness whereof, 
we have hereunto subscribed our names. 

GEORGE WASHINGTON, 
President and Deputy from Virginia. 



New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
William Samuel Johnson, 
Roger Sherman. 

New Fork. 
Alexander Hamilton. 

Pennsylvania. 
Benjamin Franklin, 
Thomas Mifflin, 
Robert Morris, 
George Clymer, 
Thomas Fitzsimmons, 
Jared Ingersoll, 



New Jersey. 
William Livingston, 
David Brearly, 
William Patterson, 
Jonathan Dayton. 

Virginia. 
John Blair, 
James Madison, Jun." 

North Carolina. 
William Blount, 
Richard Dobbs Spaight, 
Hugh Williamson. 

Maryland. 
James M'Henry, 
Daniel of St. Tho. Jenifer, 
Daniel Carrol. 

South Carolina, 
John Rutledge, 



23 



James Wilson, 
Gouverneur Morris. 

Delaware. 
George Reed, 
Gunning Bedford, Jun. 
John Dickinson, 
Richard Bassett, 
Jacob Broom. 



Charles C. Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 
Abraham Baldwin. 



Attest : 



WILLIAM JACKSON, 

Secretary, 






A MEND M E N T S 



ARTICLE I. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech, or of the press ; or 
the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

ARTICLE II. 

A well regulated militia being necessary to the secu- 
rity of a free State, the right of the people to keep and 
bear arms shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of 
war but in a manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 



25 

and seizures, shall not be violated ; and no warrants 
shall issue but upon probable cause, supported by oath 
or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia when in actual 
service, in time of war or public danger ; nor shall any 
person be subject for the same offence to be twice put in 
jeopardy of life or limb ; nor shall be compelled, in any 
criminal case, to be a witness against himself, nor be 
deprived of life, liberty, or property, without due process 
of law ; nor shall private property be taken for public 
use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial 
jury of the State and district wherein the crime shall 
have been committed, which district shall have been pre- 
viously ascertained by law, and to be informed of the 
nature and cause of the accusation, to be confronted with 
the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor ; and to have the 
assistance of counsel for his defence. 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury 
shall be preserved ; and no fact tried by a jury shall be 
otherwise re-examined in any Court of the United States, 
than according to the rules of common law. 



26 
ARTICLE VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

ARTICLE IX. 

The numeration in the Constitution, of certain rights, 
shall not be construed to deny or disparage others retained 
by the people 

ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are re- 
served to the States, respectively, or to the people. 

ARTICLE XI. 

The Judicial power of the United States shall not be 
construed to extend to any suit in law or equity, com- 
menced or prosecuted against one of the United States by 
citizens of another State, or by citizens or subjects of any 
foreign State. 

ARTICLE XII. 

The electors shall meet in their respective States, and 
vote by ballot for President and Vice President, one of 
whom at least shall not be an inhabitant of the same 
State with themselves ; they shall name in their ballots 
the person voted for as President, and in distinct ballots 
the person voted for as Vice President ; and they shall 
make distinct lists of all persons voted for as President, 
and of all persons voted for as Vice President, and the 
number of votes for each, which lists they shall sign and 
certify, and transmit sealed to the seat of Government of 
the United States directed to the President of the Senate ; 
the President of the Senate shall, in presence of the 
Senate and House of Representatives, open all the cer- 



27 

tificates, and the votes shall then be counted; the person 
having the greatest number of votes for President, shall 
be the President, if such number be a majority of the 
whole number of electors appointed ; and if no person 
have such majority, then from the persons having the 
highest numbers, not exceeding three on the list of those 
voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken by 
States, the representation from each State having one 
vote ; a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the States, and a ma- 
jority of all the States sh?ll be necessary to a choice. 
And if the House of Representatives shall not choose a 
President, whenever the right of choice shall devolve 
upon them, before the 4th of March next following, then 
the Vice President shall act as President, as in the case 
of the death or other constitutional disability of the Presi- 
dent. 

The person having the greatest number of votes as 
Vice President, shall be the Vice President, if such num- 
ber be a majority of the whole number of electors ap- 
pointed ; and if no person have a majority, then from 
the two highest numbers on the list, the Senate shall 
choose the Vice President : a quorum for the purpose 
shall consist of two-thirds of the whole number of Sena- 
tors, and a majority of the whole number shall be neces- 
sary to a choice. 

But no person constitutionally ineligible to the office 
of President, shall be eligible to that of Vice President 
of the United States. 



INDEX 



TO 



TIB CONSTITUTION 



OF THE 



UNITED STATES. 



A 

ART. SEC. 

Acts, recorded and judicial proceedings of each State, entitled 

to faith and credit in other States, 4 1 

Amendments to the Constitution how made, 5 1 

Appropriations by law —See Treasury, 1 9 

Attainder, bill of, prohibited, 1 9 
Attainder, of treason, shall not work corruption of blood or 

forfeiture, except during the life of the person attained, 3 3 

B 

Bills for raising revenue, shall originate in the House of 

Representatives, 1 7 



30 



Bills before they become laws shall be passed by both Hou- 
ses, and approved by President ; or, if disapproved, 
shall be passed by two-thirds of each House, 1 7 

not returned in ten days, unless an adjournment inter- 
vene, shall be considered as approved, 1 7 

c 

Capitation tax. — See Tax, 1 9 

Census, or enumeration to be made every ten years, 1 2 

Claims of the United States, or of the several States, not to 

be prejudiced by any construction of the Constitution, 4 3 
Citizens of each State, shall be entitled to the privileges and 

immunities of citizens in the several States, 4 2 

Commerce, regulations respecting, to be equal and uniform, 1 6 
Congress, vested with Legislative power, 1 1 

may alter the regulations of State Legislatures con- 
cerning elections of Senators and Representa- 
tives, except as to place of choosing Seuators, 1 4 
shall assemble once every year, 1 4 

may provide for cases of removal of President and 

Vice President, 2 1 

may determine the time of choosing Electors of 

President and Vice President, 2 1 

may invest the appointment of inferior officers in 
the President alone, in the courts of law, or heads 
of departments, 2 2 

may, from time to time, establish Courts inferior to 

the Supreme Court, 3 1 

may, (with one limitation) declare the punishment 

of treason, 3 3 

may prescribe the manner of proving the acts, re- 
cords, and judicial proceedings of each State, 4 1 
the assent of, required to the formation of a new 
State, within the jurisdiction of any other, or by 
the junction of two or more, 4 3 

may propose amendments to Constitution, or, on 

application, call a Convention, 5 1 

the assent of, required to the admission of new 
States into the Union, 1 3 



31 

ART. SEC. 

Congress, powers of — 

to lay and collect duties on imposts and excises, 1 8 
to borrow money, 1 8 

to regulate cemmerce, 1 8 

to establish uniform laws of bankruptcy and natu- 
ralization, 1 8 
to coin money, regulate the value of coin, and fix 

a standard of weights and measures, 1 8 

to punish counterfeiting, 1 8 

to establish post offices and post roads, 1 8 

to authorize patents to authors and inventors, 1 8 

to constitute tribunals inferior to the Supreme 

Court, 1 8 

to define and punish piracies, felonies on the high 

seas, and offences against the laws of nations, 1 8 

to declare war, grant letters of marque, and make 

rules concerning captures, 1 8 

to raise and support armies, 1 8 

to provide and maintain a navy, 1 8 

to make rules for the government of the army and 

navy, 1 8 

to call for the militia in certain cases, 1 8 

to organize, arm, and discipline militia, 1 8 

to exercise exclusive legislation over ten miles 

square, 1 8 

to pass laws necessary to carry the enumerated 

powers into effect, 1 8 

to dispose of, and make rules concerning the terri- 
tory or other property of the United States, 4 3 
Constitution, formed by the people of the United State, Pre. 

amble, how amended, 5 1 

and the laws under it, and treaties, declared to 

be the supreme law, 6 1 

rendered operative by the ratification of the Con- 
ventions of nine States, 7 \ 
Conventions, for proposing amendments to Constitution, 5 1 
Court, Supreme, its original and appellate jurisdiction, 1 2 
Courts, inferior to the Supreme Court, may be ordained by 

Congress, 3 1 



32 



ART. SEC 

Crimes, persons accused of, fleeing from justice, may be de- 
manded, 4 2 

D 

Debts, against the Confederation, to be valid against the Uni- 
ted States, under this Constitution, 6 1 
Dudes, on exports prohibited, 1 9 
on imports and exports, imposed by States, shall enure 

to the Treasury of the United States, 1 10 



Elections, of Senators and Representatives, shall be pre- 
scribed by the State Legislatures, as to time, 
place, and manner, 1 4 

qualifications and returns of members of Con- 
gress, to be determined by each House, 1 5 
Electors of President and Vice President, how chosen, and 

their duties, 2 1 

and 12th AmeBdment. 
shall vote the same day throughout the United 

States, 2 1 

no Senator or Representative holding office under 

the United States shall serve as, 2 1 

Enumeration — See Census, 12 

Executive Power shall be vested in a President, 2 1 

See President. 
Exports — See Tax. 

and imports, duties on by Stales, to be payable into 

the Treasury of the United States, 1 10 

Ex post facto Law, none shall be passed, 1 9 

II 

Habeas Corpus, writ of, can only be suspended in cases of 

rebellion or invasion, 1 9 

House of Representatives — See Representatives. 
Honr.e — See Senate. 



33 



1 

Impeachment, all civil officers liable to, 2 

persons found guilty by, liable to indictment 
and punishment for the offence, 1 

Importation of Slaves, until prohibited, a duty authorized on 

after 1808, 1 



Judges, shall hold their offices during good behavior, 3 1 

the compensations of, ehali not be diminished durin» 

continuance in office, 3 1 

Judicial Power, vested in a Supreme Court, and Courts infe- 

rior, 3 1 

the cases to which it extends, 3 2 

Judicial Proceedings, records and acts of each State, are en- 
titled to faith and credit in every 
other State, 4 1 

Jury Trial shall be held in the State where the crime shall 

have been committed, 3 2 

if the crime have not been committed within a 
State, the trial shall be held at the place Con- 
gress shall have directed, 3 2 

Jury, trial by, secured, in prosecution for all crimes, except 

in cases of impeachment, 3 2 

and in suits at common law, where value in controver- 
sy shall exceed twenty dollars, 7th amendment 



Law, Supreme, the Constitution, the Laws under it, and 

Treaties declared to be, 6 I 

Legislative Power, vested in Congress.— See Congress, 1 1 



M 



Money shall be drawn from the Treasury, ouly by Jaws ap. 
. propriatinsr, 
5 



Si 

ART. SEC. 

NtMIiiy, titles of, shall not be granted by the United States, 1 9 

O 

Officers of the Senate, except their President, shall be cho- 
sen by the Senate, 1 3 

civil, may be removed by impeachment, 2 4 

Order of one tlouse, requiring the concurrence of the other. 

—See Resolution, 1 ? 



P 

Persons held to labor or service, their importation or migra- 
tion into the United Sta'es may be prohibited after 
1808, 1 9 

escaping from one State to another, shall be delivered 

up to those entitled to service, 4 2 

Powers, not delegated, are reserved to the people, or, when 
not prohibited, to the States, 10th amendment. 
Legislative — See Congress, 1 1 

Executive — See President, 2 1 

Judicial — See Judicial, 3 1 

Presents, emoluments, office, or title, from a foreign king, 
prince, or State, to persons holding offices of profit or 
trust prohibited, 1 9 

President of the U. S. vested with the executive power, 2 

shall be chosen for four years, 2 

how elected, 2 

qualifications for, 2 

compensation of, 2 

shall take an oath of office, 2 

may be removed by impeachment, 2 4 

President of the U. S. — powers of, 

shall be commander-in-chief of the army and navy, 2 2 
may require the written opinions of the heads of 

departments, 2 2 

may reprieve and pardon.. 2 2 



35 



President may make treaties, with consent of the Senate, 
may appoint to office with consent of the Senate, 
shall fill up vacancies happening during the recess 
of the Senate, 
President of the U. S. — duties of, 

shall give information to Congress, and recommend 

measures, 
may convene both Houses, or either House, 
may adjourn them in case of disagreement, 
shall receive ambassadors and public ministers, 
shall take care that the laws be faithfully executed, 
shall commission all officers of the United States, 
in case of death, &c. shall devolve on the Vice 
President, and on such others as may be provi- 
ded by law, 
Privileges and immunities of citizens of the States. — See 

Citizens. 
Properly shall not be taken for public use, without just com- 
pensation ; 5th amendment. 



ART. 

2 

2 



SEC. 

2 



Quorum, what shall be a, for business, 1 5 

of States, in choosing a President by the House of 
Representatives, 2 1 



R 



Receipts and expenditures, accounts of, to be published, 

Records. — See Judicial Proceedings, 

Representatives, House of, composed of members chosen every 
second year, 
qualifications of the electors of its members, 
qualifications of members, 
shall i-.ot exceed one for 30,000, 
shall choose their speaker and other officers, 
Bhall have the power of impeachment, 
shall be the j'idge of the returns, elections, 

and qualifications of its members, 
what shall be a quorum of, 



36 



ART. SEC. 

Representatives — any number may adjourn, and compel the at- 
tendance of absentees, 1 5 
may determine the rules of proceeding, 1 5 
may punish or expel a member, 1 5 
shall keep a journal, and publish the same, 

except the parts requiring secrecy, 1 5 

shall not adjourn for more than three days, 
nor to any other place, without the consent 
of the Senate, 1 5 

one-fifth of present may require the yeas 

and nays, 1 5 

shall originate bills for raising revenue, 1 7 

shall receive a compensation to be ascertained 

by law, 1 6 

privileged from arrest during attendance, and 
in going and returning, except in certain 
cases, 1 6 

shall not be questioned elsewhere for any 

speech or debate in the House, 1 6 

shall not be apppointed to the offices created, 
or whose compensations shall have been 
increased, during the time for which they 
are elected, 1 6 

can, whilst serving, hold no office under the 

United States, 1 6 

shall not serve as primary electors of Presi- 
dent, 2 1 
and direct taxes apportioned according to 

numbers, 1 2 

Representation of a State, vacancies in, supplied until a new 

election by the Executive authority thereof, 1 2 

Resolution, order, or vote, requiring the concurrence of both 
Houses, [except for an adjournment,] shall be pre- 
sented to the President, and undergo the formalities 
of bills, 1 7 

Revenue — See Vessels. 

Rights of the Citizen declared to be— Amend, 

liberties of conscience in matters of religion. Amend- 
ment, 1 
freedom of speech and of the press, 1 



37 



AMEND. 

Rights — to assemble and petition, 1 

to keep and bear arms, 2 

to be exempt from quartering of soldiers, in any 
house, in time of peace, without the consent of 
the owner ; and in time of war, unless prescribed 
by law, 3 

to be secure from any unreasonable searches and 
seizures, 4 

to be free, except in the army, navy, and militia, from 
answering for a capital, or otherwise infamous 
crime, unless on presentment or indictment of a 
grand jury, 5 

not to be twice jeopardized for the same offence, 5 

not to be compelled, in criminal cases, to be a wit- 
ness against himself, 5 

not to be deprived of life, liberty, or property, without 
due course of law, 5 

private property shall not be taken for public use 
without just compensation, 5 

that the accused in criminal prosecutions, shall enjoy 
the right of a speedy public trial by an impartial 
jury of the vicinage ; and the means necessary for 
his defence, 6 

that in civil cases, facts tried by a jury shall only be 
re-examined according to the rules of the common 
law, 7 

that, in suits at common law, where the value shall 
exceed twenty dollars, the right of trial by jury 
shall be preserved, 7 

that excessive bail shall not be required, excessive 
fines imposed, nor cruel or unusual punishments 
inflicted, 8 

that the enumeration of certain rights shall not ope- 
rate constructively against the retained rights, 9 

Art. Sec. 
Rules, each House shall determine its own, 1 5 

s 

Senate of the United States, composed of two Senators from 

each State, 1 3 



38 



Seriate — how chosen, classed, and terms of service, 

qualifications of members, 30 years of age, 9 years a 

citizen, and an inhabitant of the State, 
shall choose their officers, except the President, 
shall be the judge of the elections, returns, and qual- 
ifications of its members, 
what number shall be a quorum, 

»any number may adjourn, and compel attendance of 
absentees, 
may determine its rules, 
may punish or expel a member, 
shall keep a journal, and publish the same, except 

parts requiring secrecy, 
shall not adjourn for more than three days, nor to 
any other place, without the consent of the other 
House, 
one-fifth of present, may require the yeas and nays, 
may propose amendments to bills for raising revenue, 
shall try impeachments, 
their judgments only to extend to removal from of- 

fice, and to disqualify from any other, 
members of, shall receive a compensation to be as- 
certained by law, 
privileged from arrest, 
shall not be questioned elsewhere for auy speech or 

debate in the House, 
shall not be appointed to offices of the United States, 
created, or whose emoluments shall have been in- 
creased during the terms for which they were 
elected, 
Senators and Representatives, elections of, how prescribed, 
Senator shall not be an Elector of President, 
Slaves — See Persons held to service. 
Speaker, how chosen, 
States, prohibited from 

entering into any treaty, alliance or confederation, 

granting letters of marque, 

coining money, 

emitting bills of credit, 

making any thing a tender hut gold and silver coin, 



ART. 

1 



SEC. 

3 



39 



States, prohibited from 

passing bills of attainder, ex post facto laws, or laws 
impairing contracts, 1 10 

granting titles of nobility, 1 10 

laying impost, or duties on imports and exports for 
their own use, 1 10 

laying duties on tonnage without the consent of Con- 
gress, 1 10 

keeping troops or ships of war, in time of peace, 1 10 

entering into any agreement or contract with another 
State, or a foreign power, 1 10 

engaging in war,unless invaded or in imminent danger, 1 10 
Stales, new, may be admitted into the Union, 4 3 

may be formed within the jurisdiction of others, or 
by the junction of two or more, with the consent 
of Congress and the Legislature concerned, 4 3 

Judges of, bound to consider treaties, the constitution, 
and the laws under it, as supreme, 6 1 

majority of all, necessary to the choice of President, 2 1 

each, to be guarantied a republican form of govern- 
ment ; protected against invasion ; and secured, 
upon application, against domestic violence, 4 4 

Supreme Court — See Court. 



Tax, capitation or direct, shall be laid only in proportion to 

census, 1 
Tax, on exports from a State, prohibited, 1 
Ta,res,direct,shall be apportioned according to representation, 1 
Territory, or property belonging to the United States, Con- 
gress may make rules concerning, 4 
Test, religious shall not be required, 7 
Titles— See Nobility, 1 
Title, from foreign State — See Present, 1 
Treason, defined, 3 
two witnesses.or confession,necessary for conviction, 3 
punishment of, may be prescribed by Congress, 
with one limitation, 3 



10 



Treason, or other crime, persons charged with in one State, 
fleeing into another, shall, on demand, be deliv- 
ered up, 4 2 
Treasury, money drawn from only by appropriations, 1 9 
Treaties, the supreme law, 6 I 



Vacancies happening during the recess of the Senate, may 

be filled temporarily by the President, 

in representation in Congress, how filled, 

Vessels to enter, clear, and pay duties in the Stales, in which 

they arrive, or from which they depart, 
Vice President of the Unittd Slates to be President of the 
Senate, except when exercising the office 
of President of the United States, 
how elected, 

and 12th amendment, 
qualifications for, 12th amendment, 
shall, in certain cases, discharge the duties 

of President, 
may be removed by impeachment, 
Vote of one House, requiring concurrence of the other, 
See Resolution. 



w 



Warrants for searches and seizures, when and how they 

shall issue, 4th amendment. 
Witness, in criminal cases, no one csmpolled to be against 

himself, 5th amendment. 



f m DECLARATION OF BIGim 



At a Congress of the Representatives of the Freemen of 
the State of North Carolina, assembled at Halifax, 
the seventeenth day of December, in the year of our 
Lord one thousand seven hundred and seventy-six, for 
the purpose of establishing a Constitution, or Form op 
Government, for the said State : 

A DECLARATION of Rights made by the Representa- 
tives of the Freemen of the State of North Carolina. 

SECTION I. 

That all political power is vested in and derived from 
the people only. 

SECTION II. 

That the people of this State ought to have the sole 
and exclusive right of regulating the internal govern- 
ment and police thereof. 

6 



42 



SECTION III. 



That no man or set of men are entitled to exclusive 
or separate emoluments or privileges from the commu- 
nity, but in consideration of public services. 



SECTION IV. 



That the Legislative, Executive, and Supreme Judicial 
powers of Government, ought to be forever separate and 
distinct from each other. 



section v. 



That all power of suspending laws, or the execution 
of laws, by any authority, without consent of the Repre- 
sentatives of the people, is injurious to their rights, and 
ought not to be exercised. 



section vi. 

That elections of Members to serve as Representatives 
in General Assembly, ought to be free. 

SECTION VII. 

That in all criminal prosecutions, every man has a 
right to be informed of the accusation against him, and 
to confront the accusers and witnesses with other testi- 
mony, and shall not be compelled to give evidence against 
himself. 

SECTION VIII. 

That no freeman shall be put to answer any criminal 
charge, but by indictment, presentment, or impeachment. 

SECTION IX. 

That no freeman shall be convicted of any crime, but 
by the unanimous verdict of a Jury, of good and lawful 
men, in open court, as heretofore used. 



43 

SECTION X. 



That excessive bail should not be required, nor exces- 
sive fines imposed, nor cruel or unusual punishments 
inflicted. 



SECTION xr. 



That general warrants, whereby any officer or mes- 
senger may be commanded to search suspected places, 
without evidence of the fact committed, or to seize any 
person or persons not named, whose offence is not par- 
ticularly described and supported b} r evidence, are dan- 
gerous to liberty, and ought not to be granted. 



SECTION XII. 



That no freeman ought to be taken, imprisoned, or 
disseized of his freehold, liberties, or privileges, or out- 
lawed or exiled, or in any manner destroyed or deprived 
of his life, liberty, or property, but by the law of the land. 



SECTION XIII. 



That every freeman restrained of his liberty, is entitled 
to a remedy to inquire into the lawfulness thereof, and to 
remove the same if unlawful, and that such remedy 
ought not to be denied or delayed. 



SECTION XIV. 



That in all controversies at law, respecting property, 
the ancient mode of trial by jury, is one of the best secu- 
rities of the rights of the people, and ought to remain 
sacred and inviolable. 



SECTION xv. 



That the freedom of the Press is one of the greatest 
bulwarks of liberty, and therefore ought never to be re- 
strained. 



44 

SECTION XVI, 

That the people of this State ought not to be taxed or 
made subject to the payment of any impost or duty, 
without the consent of themselves, or their Representa^ 
tives in General Assembly freely given. 

SECTION XVII. 

That the people have a right to bear arms for the de- 
fence of the State, and, as standing armies in time of 
peace are dangerous to liberty, they ought not to be kept 
up ; and that the military should be kept under strict 
subordination to, and governed by the civil power. 

SECTION XVIII. 

That the people have a right to assemble together, to 
consult for their common good, to instruct their Repre- 
sentatives, and to apply to the Legislature for redress of 
grievances. * 

SECTION XIX. 

That all men have a natural and unalienable right to 
worship Almighty God according to the dictates of their 
own consciences. 

SECTION XX. 

That for redress of grievances, and for amending and 
strengthening the laws, elections ought to be often held. 

SECTION XXI. 

That a frequent recurrence to fundamental principles 
is absolutely necessary to preserve the blessings of liberty. 

SECTION XXII. 

That no hereditary emoluments, privileges, or honors, 
ought to be granted or conferred in this State. 



45 

SECTION XXIII. 

That perpetuities and monopolies are contrary to the 
genius of a free State, and ought not to be allowed. 

SECTION XX IV. 

That retrospective laws, punishing acts committed be- 
fore the existence of such laws, and by them only de- 
clared criminal, are oppressive, unjust, and incompatible 
with liberty ; wherefore, no ex post facto law ought to be 
made. 

section xxv. 

The property of the soil in a free government, being 
one of the essential rights of the collective body of the 
people, it is necessary, in order to avoid future disputes, 
that the limits of the State should be ascertained with 
precision; and as the former temporary line between 
North and South Carolina was confirmed and extended 
by Commissioners appointed by the Legislatures of the 
two States, agreeably to the order of the late King George 
the Second, in Council, that line, and that onl} r , should be 
esteemed the Southern boundary of this State, as follows: 
that is to say. beginning on the sea side, at a cedar stake, 
at or near the mouth of Little River, being the Southern 
extremity of Brunswick county, and running from thence 
a north-west course through the boundary house, which 
stands in thirty-three degrees, fifty six minutes, to thirty- 
five degrees North latitude ; and from thence a west 
course, so far as is mentioned in the charter of King 
Charles the Second, to the late proprietors of Carolina. 
Therefore, all the territories, seas, waters, and harbors, 
with their appurtenances, lying between the line above 
described and the Southern line of the State of Virginia, 
which begins on the sea shore, in thirty-six degrees thirty 
miuutes North latitude, and from thence runs west, 
agreeably to the said character of King Charles, are the 
right and property of the people of this State, to be held 



46 

by them in sovereignty, any partial line, without the 
consent of the Legislature of this State, at any time 
thereafter directed or laid out, in any wise, notwithstand- 
ing. Provided always, That this declaration of right 
shall not prejudge any nation or nations of Indians from 
enjoying such hunting grounds as may have been, or 
hereafter shall be secured to them, by any former or 
future Legislature of this State. And provided also, 
That it shall not be construed so as to prevent the estab- 
lishment of one or more governments westward of this 
State, by consent of the Legislature. And provided 
further, That nothing herein contained, shall affect the 
titles or possessions of individuals, holding or claiming, 
under the laws heretofore in force, or grants heretofore 
made by the late King George the Third, or his prede- 
cessors, or the late Lords Proprietors, or any of them. 

December the 11th day, A. D. 1776; read the third 
time, and ratified in open Congress. 

R. CASWELL, President. 
James Green, Jr. Secretary. 



THB CONSTITUTION 



OF 



NOETH CAROLINA. 



The Constitution or Form of Government, agreed to and 
resolved upon by the Representatives of the Freemen of 
the State of North Carolina, elected and chosen for that 
particular purpose, in Congress assembled, at Halifax, 
the eighteenth day of December, in the year of our 
Lord one thousand seven hundred and seventy-six. 

Whereas, allegiance and protection are in their nature 
reciprocal, and the one should of right be refused when 
the other is withdrawn. And whereas, George the 
Third, King of Great Britain, and late Sovereign of the 
British American Colonies, hath not only withdrawn 
from them his protection, but, by an act of the British 
Legislature, declared the inhabitants of these States out 
of the protection of the British Crown, and all their pro- 
perty found upon the high seas liable to be seized and 



48 

confiscated to the uses mentioned in the said act. And 
the said George the Third has also sent fleets and armies 
to prosecute a cruel war against them, for the purpose of 
reducing the inhabitants of the said colonies to a state 
of abject slavery. In consequence whereof, all govern- 
ment under the said King, within the said colonies, hath 
ceased, and a total dissolution of government in many of 
them hath taken place. And whereas, the Continental 
Congress having considered the premises, and other pre- 
vious violations of the rights of the good people of Ame- 
rica, have therefore declared, that the Thirteen United 
Colonies are, of right, wholly absolved from all allegi- 
ance to the British Crown, or any other foreign jurisdic- 
tion whatsoever, and that the said colonics now are, and 
forever shall be, free and independent States. Where- 
fore, in our present State, in order to prevent anarchy 
and confusion, it becomes necessary that a government 
should be established in the State : Therefore, We, the 
Representatives of the Freemen of North Carolina, cho- 
sen and assembled in Congress for the express purpose of 
framing a constitution, under the authority of the people, 
most conducive to their happiness and prosperity, do de- 
clare that a Governmont for this State shall be estab- 
lished in manner and form following, to-wit : 

SECTION I. 

That the Legislative authority shall be vested in two 
distinct branches, both dependent on the people, to-wit : 
a Senate and House of Commons. 

SECTION II. 

That the Senate shall be composed of Representatives 
[annually*] chosen by ballot, one from each [county] in 
this State. 



♦Those parts in which material amendments have been made, are 
printed in brackets?. [] 



49 

SECTION 111. 



That the House of Commons shall be composed of 
Representatives [annually] chosen by ballot, [two for 
each county, and one for each of the towns of Edenton, 
Newbern, Wilmington, Salisbury, Hillsborough and 
Halifax.] 



SECTION IV. 



That the Senate and House of Commons assembled for 
the purpose of legislation, shall be denominated the Gen- 
eral Assembly. 



section v. 



That each member of the Senate shall have usually 
resided in the [county] in which he is chosen, for one 
year immediately preceding his election ; and for the 
same time shall have possessed, and continue to possess, 
in the [county] which he represents, not less than three 
hundred acers of land in fee, 



section VI. 

That each member of the House of Commons shall 
have usually resided in the [county] in which he is cho« 
sen, for one year immediately preceding his election, 
and for six months shall have possessed, and continue to 
possess, in the [county] which he represents, not less 
than one hundred acres of land in fee, or for the term of 
his own life. 

section vir. 

That all [freemen] of the age of twenty-one years, 
who have been inhabitants of any one [county] within 
the State twelve months immediately preceding the day 
of any election, and possessed of a free-hold within the 
same county of fifty acres of land, for six months next 



before and at the day of election, shall be entitled to vote 
for a member of the Senate. 



SECTION VIII. 

That all [freemen] of the age of twenty-one years, 
who have been inhabitants of any [county] within this 
State twelve months immediately preceding the day of 
any election, and shall have paid public taxes, shall be 
entitled to vote for members of the House of Commons 
for the county in which he resides. 



SECTION ix. 

[That all persons possessed of a freehold in any town 
in this State, having a right of representation, and also 
all freemen who have been inhabitants of any such town 
twelve months next before and at the day of election, 
and shall have paid public taxes, shall be entitled to vote 
for a member to represent such town in the House of 
Commons. Provided always, That this section shall not 
entitle any inhabitant of such town to vote for members 
of the House of Commons for the county in which he 
may reside, nor any freeholder in such county, who re- 
sides without or beyond the limits of such town, to vote 
for a member foresaid town.] 

SECTION X. 

That the Senate and House of Commons, when met, 
shall each have power to choose a Speaker and other 
their officers, be judges of the qualifications and elections 
of their members, sit upon their own adjournments from 
day to day, and prepare bills to be passed into laws. The 
two Houses shall direct writs of elections for supplying 
intermediate vacancies, and shall also jointly, by ballot, 
adjourn themselves to any future day and place. 



w% 51 



SECTION XI. 

That all bills shall be read three times in each House 
before they pass into laws, and be signed by the Speakers 
of both Houses. 

SECTION XII. 

That every person who shall be chosen a member of 
the Senate or House of Commons, or appointed to any 
office or place of trust, before taking his seat, or entering 
upon the execution of his office, shall take an oath to the 
State ; and all officers shall also take an oath of office. 



section xra. 

That the General Assembly shall, by joint ballot of 
both Houses, appoint Judges of the Supreme Courts of 
Law and Equity, Judges of Admiralty, and [Attorney 
General,] who shall be commissioned by the Governor, 
and hold their offices during good behattior. 

section xiv. 

[That the Senate and House of Commons shall have 
power to appoint the Generals and Field Officers of the 
Militia, and all officers of the Regular Army of this State.] 

section xv. 

[That the Senate and House of Commons jointly, at 
their first meeting after each annual election, shall by 
ballot elect a Governor for one year, who shall not be 
eligible to that office longer than three years in six suc- 
cessive years.] That no person under thirty years of age, 
and who has not been a resident in this State above five 
years, and having in the State a freehold in lands and 
tenements, above the value of one thousand pounds, shall 
be eligible as Governor. 



52 

SECTION XVI. 

That the Senate and House of Commons jointly, at 
their first meeting after each [annual] election, shall by 
ballot elect seven persons to be a Council of State for 
| one year,] who shall advise the Governor in the execu- 
tion of his office ; and that four members shall be a 
quorum ; their advice and proceedings shall be entered 
in a Journal to be kept for that purpose only, and signed 
by the members present ; to any part of which any mem- 
ber present may enter his dissent ; and such Journal 
shall be laid before the General Assembly when called 
for by them, 

SECTION XVII. 

That there akall be a seal of this State, which shall 
be kept by the Governor, and used by him as occasion 
may require, and shall be called the Great Seal of the 
State of North Carolina, and be affixed to all Grants and 
Commissions. 

sectlon xvm. 

That the Governor for the time being shall be Captain 
General and Commander-in-Chief of the Militia ; and in 
the recess of the General Assembly, shall have power, 
by and with the advice of the Council of State, to em- 
body the Militia for the public safety. 

SECTION XIX. 

That the Governor for the time being, shall have power 
to draw for and apply such sums of money as shall be 
voted by the General Assembly, for the contingencies of 
Government, and be accountable to them for the same ; 
he also may, by and with the advice of the Council of 
State, lay embargoes, or prohibit the exportation of any 
commodity, for any term not exceeding thirty days at 



53 

any time, in the recess of the General Assembly, and 
shall have the power of granting pardons and reprieves, 
except where the prosecution shall be carried on by the 
General Assembly, or the law shall otherwise direct ; in 
which case he may, in the recess, grant a reprieve until 
the next sitting of the General Assembly ; and may exer- 
cise all the other executive powers of Government, limi- 
ted and restrained as by this Constitution is mentioned, 
and according to the laws of the State ; and on his 
death, inability or absence from the State, the Speaker 
of the Senate for the time being, and in case of his death, 
inability, or absence from the State, the Speaker of the 
House of Commons shall exercise the powers of the 
Governor, after such death, or during such absence or 
inability of the Governor or Speaker of the Senate, [or 
until a new nomination is made by the General As- 
sembly.] 

SECTION xx. 

That in every case where any officer, the right of whose 
appointment is, by this Constitution, vested in the General 
Assembly, shall, during their recess, die, or his office by 
other means become vacant, the Governor shall have 
power, with the advice of the Council of State, to fill up 
such vacancy, by granting a temporary commission, 
which shall expire at the end of the next session of the 
General Assembly. 

SECTION XXI. 

That the Governor, Judges of the Supreme Courts of 
Law and Equity, Judges of Admiralty, and Attorney 
General, shall have adequate salaries during their con- 
tinuance in office. 

SECTION XXII. 

That the General Assembly shall, by joint ballot of both 
Houses, [annually] appoint a Treasurer or Treasurers 
for this State. 



SECTION XXIII. 

That the Governor and other officers offending against 
the State, by violating any part of this Constitution, mal- 
administration, or corruption, may be prosecuted on the 
impeachment of the General Assembly, or presentment 
of the Grand Jury of any Court of Supreme Jurisdiction 
in this State. 

section xxiv. 

That the General Assembly shall, by joint ballot of 
both Houses [triennially] appoint a Secretary for this 
State.] 

SECTION XXV. 

That no persons, who heretofore have been, or hereaf- 
ter may be, receivers of the public moneys, shall have a 
seat in either House of the General Assembly, or be eli- 
gible to any office in this State, until such persons shall 
have fully accounted for and paid into the Treasury, all 
sums for which they may be accountable and liable. 

SECTION XXVI. 

That no Treasurer shall have a seat in either the Sen- 
ate, House of Commons, or Council of State, during his 
continuance in that office, or before he shall have finally 
settled his accounts with the public, for all monies which 
may be in his hands at the expiration of his office, be- 
longing to the State, and hath paid the same into the 
hands of the succeeding Treasurer. 



SECTION XXVII. 

That no officer in the Regular Army or Navy, in the 
service and pay of the United States, of this or any 
other State, or any contractor or agent for supplying such 



55 

Army or Navy with clothing or provisions, shall have a 
seat in either the Senate, House of Commons, or Council 
of State, or be eligible thereto ; and any member of the 
Senate, House of Commons, or Council of State, being 
appointed to, and accepting of such office, shall thereby 
vacate his seat. 

SECTION XXVIII. 

That no member of the Council of State shall have a 
seat either in the Senate or House of Commons. 

SECTION XXIX. 

That no Judge of the Supreme Court of Law or Equity, 
or Judge of Admiralty, shall have a seat in the Senate, 
House of Commons, or Council of State. 

SECTION XXX. 

That no Secretary of this State, Attorney General, or 
Clerk of any Court of Record, shall have a seat in the 
Senate, House of Commons or Council of State. 

SECTION XXXI. 

That no Clergyman, or Preacher of the Gospel, of any 
denomination, shall be capable of being a member of 
either the Senate, House of Commons, or Council of State, 
while he continues in the exercise of the pastoral 
function. 

SECTION XXXII. 

That no person who shall deny the being of God, or the 
truth of the [Protestant] Religion, or the divine authority, 
either of the Old or New Testament, or who shall hold 
religious principles incompatible with the freedom and 
safety of the State, shall be capable of holding any office 
or place of trust or profit in the Civil department within 
this State. 



56 

SECTION XXX5IT. 

That the Justices of the Peace, within the respective 
counties in this State, shall in future be recommended 
to the Governor for the time being, by the Representatives 
in General Assembly, and the Govenor shall commission 
them accordingly. And the Justices, when so commis- 
sioned, shall hold their offices during good behavior, and 
shall not be removed from office by the General Assembly 
unless for misbehavior, absence, or inabilility. 

SECTION XXXIV. 

That there shall be no establishmenh of any one Reli- 
gious Church or denomination in this State, in preference 
to any other; neither shall any person, on any pretence 
whatsoever, be compelled to attend any place of worship, 
contrary to his own faith or judgment ; nor be obliged to 
pay for the purchase of any glebe, or the building of any 
house of worship, or for the maintenance of any minister 
or ministry contrary to what he believes right, or has vol- 
untarily and personally engaged to perform; but all persons 
shall be at liberty to exercise thir own mode of worship : 
Provided, that nothing herein contained shall be construed 
to exempt preachers of treasonable or seditious discourses 
from legal trial and punishment. 

SECTION XXXV. 

That no person in the State shall hold more than one lu- 
crative office at any one time. Provided, that no appoint- 
ment in the Miliitia, or to the office of a Justice of the 
Peace, shall be considered as a lucrative office. 

SECTION xxxvt. 

That all Commissions and Grants shall run in the name 
of the State of North Carolina, and bear test and be sign- 
ed by the Governor. All writs shall run in the same man- 
ner, and bear test and be signed by the Clerk of the res- 
pective Courts. Indictments shall conclude, against the 
peace and dignity of the State. 



57 

SECTION XXXVII. 

That the Delegates for the State to the Continental 
Congress, while necessary, shall be chosen annually by 
the General Assembly, by ballot, but may be superseded 
in the mean time, in the same manner ; and no person 
shall be elected to serve in that capacity for more than 
three years successively. 

SECTION XXXVIII. 

That there shall bo a Sheriff, Coroner or Coroners, and 
Constables, in each county within the State. 

SECTION XXXIX. 

That the person of a debtor, where there is not a strong 
presumption of fraud, shall not be continued in prison af- 
ter delivering up, bona fide, all his estate, real and per- 
sonal, for the use of his creditors, in such manner as shall 
be hereafter regulated by law. All prisoners shall be 
bailable by sufficient sureties, unless for capital offences, 
when the proof is evident, or presumption great. 

SECTION XL. 

That every foreigner who comes to settle in this State, 
having first taken an oath of allegiance to the same, may 
purchase, or by other just means acquire, hold and trans- 
fer, land, or other real estate ; and, after one year's resi- 
dence, shall be deemed a free citizen. 

SECTION XLI. 

That a school or schools shall be established by the 
legislature, for the convenient instruction of youth, with 
such salaries to the masters, paid by the public, as may 
enable them to instruct at low prices : and all useful 
learning shall be duly encouraged and promoted in one or 
more Universities. 



58 

SECTION XLII. 



That no purchase of land shall be made of the Indian 
natives but on behalf of the public, by authority of the 
General Assembly. 



SECTION XLIII. 



That the future Legislature of this State shall regulate 
entails in such a manner as to prevent perpetuities. 



SECTION XLIV. 



That the Declaration of Rights is hereby declared to be 
part of the Constitution of this State, and ought never to 
be violated on any pretence whatever. 



SECTION XLV. 



That any member of either House of the General As- 
sembly shall have liberty to dissent from, and protest 
against, any act or resolve which he ma} r think injurious 
to the public or any individual, and have the reasons of 
his dissent entered on the Journals. 



SECTION XLVI. 



That neither House of the General Assembly shall pro- 
ceed upon public business, unless a majority of all the 
members of such House are actually present, and that 
upon a motion made and seconded, the Yeas and Nays 
upon any question shall be taken, and entered on the 
Journals; and that the Journals of the proceedings of 
both Houses of the General Assembly shall be printed 
and made public, immediately alter their adjournment. 

SECTION XLVII. 

This constitution is not intended to preclude the pre- 
sent Congress from making a temporary provision for the 



59 

well ordering of this State, until the General Assembly 
shall establish Government agreeable to the mode herein 
before prescribed. 

December the 18th, 1776, read the third time and ratified 
in open Congress. 

R. CASWELL, President. 
James Green, Jr., Secretary. 



Whereas, the General Assembly of North Carolina, by 
an act, passed the sixth day of January, one thousand eight 
hundred and thirty-five, entitled " An Act concerning a 
Convention to amend the Constitution of the State," and 
by an act, supplemf ntal thereto, passed on the eighth day 
of January, one thousand eight hundred and thirty-five, 
did direct that polls should be opened in every election 
precinct throughout the State, for the purpose of ascer- 
taining whether it was the will of the freemen of North 
Carolina that there should be a Convention of Delegates, 
to consider of certain amendments proposed to be made 
in the Constitution of said State ; and did further direct, 
that, if a majority of all the votes polled by the freemen 
of North Carolina be in favour of holding such Conven- 
tion, the Governor should, by Proclamation, announce 
the fact, and thereupon the freemen aforesaid should 
elect delegates to meet in Convention, at the City of 
llaleigh, on the first Thursday in June, one thousand eight 
hundred and thirty-five, to consider of the said amend- 
ments : And whereas, a majority of the freemen of North 
Carolina did, by their votes at the polls so opened, declare 
their will that a Convention should be had to consider of 
the amendments proposed ; and the Governor did, by 
proclamation, announce the fact that their will had been 



61 

so declared, and an election for delegates to meet in Con- 
vention as aforesaid, was accordingly had : Now there- 
fore, we, the delegates of the good people of North Caro- 
lina, having assembled in Convention, at the City of 
Raleigh, on the first Thursday in June, one thousand 
eight hundred and thirty-five, and having continued in 
session from day to day, until the eleventh of July, one 
thousand eight hundred and thirty-five, for the more de- 
liberate consideration of the said amendments, do now 
submit to the determination of all the qualified voters of 
the State, the following amendments in the Constitution 
thereof, that is to say : 

ARTICLE I. 

SECTION I. 

The Senate of this State shall consist of fifty Represen- 
tatives, biennially chosen by ballot, and to be elected by 
districts ; which districts shall be laid off by the General 
Assembly, at its first session after the year one thousand 
eight hundred and forty one ; and afterwards, at its first 
session after the year one thousand eight hundred and 
fifty one ; and then every twenty years thereafter, in 
proportion to the public taxes paid into the Treasury of the 
a'tate by the citizens thereof; and the average of the 
•public taxes paid by each county into the Treasury of the 
State, for the five years preceding the laying off the dis- 
tricts, shall be considered as its proportion of the public 
taxes, and constitute the basis of apportionment : Provi- 
ded, That no county shall be divided in the formation of a 
Senatorial District. And when there are one or more 
counties, having an excess of taxation above the ratio to 
form a Senatorial district, adjoining a county or counties 
deficient in such ratio, the excess or excesses aforesaid 
shall be added to the taxation of the county or counties 
deficient ; and if, with such addition, the county or coun- 
ties receiving it shall have the requisite ratio, such county 
and counties each shall constitute a Senatorial district. 



62 

The House of Commons shall be composed of one hun- 
dred and twenty Representatives, biennially chosen by 
ballot, to be elected by counties according to their federal 
population, that is, according to their respective numbers, 
which shall be determined by adding to the whole num- 
ber of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three- 
fifths of all other persons ; and each county shall have 
at least one member in the House of Commons, although 
it may not contain the requisite ratio of population. 

The apportionment shall be made by the General As- 
sembly, at the respective times and periods when the dis« 
tricts for the Senate are herein before directed to be laid 
off; and the said apportionment shall be made according 
to an enumeration to be ordered by the General Assem- 
bly, or according to the Census which may be taken by 
order of Congress, next preceding the period of making 
such apportionment. 

In making the apportionment in the House of Commons, 
the ratio of representation shall be ascertained by divi- 
ding the amount of Federal population in the State, after 
deducting that comprehended within those counties 
which do not severally contain the one hundred and 
twentieth part of the entire Federal population aforesaid, 
by the number of Representatives less than the number 
assigned to the said counties. To each county contain- 
ing the said ratio, and not twice the said ratio, there shall 
be assigned one representative ; to each county contain- 
ing twice, but not three times the said ratio, there shall 
be assigned two Representatives, and so on progressively, 
and then the remaining Representatives shall be assigned 
severally to the counties having the largest fractions. 

SECTION II. 

Until the first session of the General Assembly which 
shall be had after the year eighteen hundred andforty- 
one,the Senate shall becomposed of members to be elected 



G3 

from the several districts herein after named, that is to 
say, the 1st district, shall consist of the counties of Per- 
quimans and Pasquotank ; the 2d district, of Camden 
and Currituck; the 3d district, of Gates and Chowan; 
the 4th district, Washington and Tyrrell ; the fifth dis- 
trict, Northampton : the 6th district, Hertford ; the 7th 
district, Bertie ; the 8th district, Martin ; the 9th district, 
Halifax; the 10th district, Nash; the 11th district, 
Wake; the 12th district, Franklin; the 13th district, 
Johnston; the 1 ith district, Warren : the 15th district, 
Edgecomb ; the 16th district, Wayne ; the 17th district, 
Greene and Lenoir; the 18th district, Pitt ; the 19th 
district, Beaufort and Hyde; the 20th district, Carteret 
and Jones; the 21st district, Craven; the 22d district, 
Chatham ; the 23d district, Granville ; the 2 1th district, 
Person; the 25th district, Cumberland ; the 20th district, 
Sampson ; the 27th district, New Hanover ; the 23th 
district, Duplin ; the 29th district, Onslow ; the 30th dis- 
trict, Brunswick, Bladen and Columbus ; the 31st district, 
Robeson and Richmond ; the 32d district, Anson ; the 
33d district, Cabarrus ; the 34th district, Moore and 
Montgomery; the 35th district, Caswell; the 36th dis- 
trict, Rockingham ; the 37th district, Orange ; the 3StU 
district. Randolph; the 39th district, Guilford ; the 40th 
district, Stokes; the 41st district, Rowan ; the 42d dis- 
trict, Davidson ; the 43d district, Surry ; the 11th district, 
Wilkes and Ashe ; the 45th district, Burke and Yancy ; 
the 46th district, Lincoln ; the 47th district; Iredell ; the 
4Sth district, Rutherford ; 40th district, Buncombe, Hay- 
wood and Macon ; and the 50th district, Mecklenburg ; 
each district to be entitled to one Senator. 

Until the first session of the General Assembly after 
the year eighteen hundred and forty one, the House of 
Commons shall be composed of members elected from the 
CUbties in the following manner, viz : The counties of 
Lincoln and Orange shall elect four members each. The 
counties of Burke, Chatham, Granville, Guilford, Halifax, 
Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, 
and Wake, shall elect three members each. The conn- 



G-l 

ties of Anson, Beaufort, Bertie, Buncombe, Cumberland, 
Craven, Caswell, Davidson, Duplin, Edgecomb, Franklin, 
Johnston, Montgomery, New Hanover, Northampton, 
Person, Pitt, Randolph. Robeson, Richmond, Rockingham, 
Sampson, Warren, Wayne, and Wilkes, shall elect two 
members each. The counties of Ashe, Bladen, Bruns- 
wick, Camden, Columbus, Chowan, Currituck, Carteret, 
Cabarrus, Gates, Greene, Haywood, Hertford, Hyde, 
Jones, Lenoir, Macon, Moore, Martin, Nash, Onslow, 
Pasqotank, Perquimans, Tyrrell, Washington, and Yancy, 
shall elect one member each. 



SECTION III. 

Each member of the Senate shall have usually resided 
in the district for whch he is chosen, for one year, imme- 
diately preceding his election, and for the same time 
shall have possessed and continue to possess,in the district 
which he represents, not less than three hundred acres of 
land in fee. 

All freemen of the age of twenty-one years, (except as 
is hereinafter declared) who have been inhabitants of any 
one district within the State twelve months immediately 
preceding the day of any election, and possessed of a 
freehold within the same district of fifty acres of land, 
for six months next before and at the day of election, 
shall be entitled to vote for a member of the Senate. 

No free negro, free mulatto, or free person of mixed 
blood, descended from negro ancestors, to the fourth gene- 
ration, inclusive, (though one ancestor of each generation 
may have been a white person.) shall vote for members 
of the Senate or House of Commons. 

SECTION IV. 

In the election of all officers, whose appointment is 
conferred on the General Assembly by the Constitution, 
the vote shall be viva voce. 



65 

The General Assembly shall have power to pass laws 
regulating the mode of appointing and removing Militia 
Officers. 

The General Assembly shall have power to pass gen- 
eral laws, regulating divorce and alimony, but shall not 
have power to grant a divorce, or secure alimony in any 
individual case. 

The General Assembly shall not have power to pass any 
private law, to alter the name of any person, or to legiti- 
mate any persons not born in lawful wedlock, or restore the 
rights of friendship, any person convicted of an infamous 
crime ; but shall have power to pass general laws reg- 
ulating the same. 

The General Assembly shall not pass any private law, 
unless it shall be made to appear, that thirty days notice 
of application to pass such law shall have been given 
under such directions and in such manner as shall be 
provided by law. 

If vacancies shall occur by death, resignation or other- 
wise, before the meeting of the General Assembly, writs 
may be issued by the Governor, under such regulations as 
may be prescribed by law. 

The General Assembly shall meet biennially, and at 
each biennial session shall elect, by joint vote of the two 
Houses, a Secretary of State, Treasurer, and Council of 
State, who shall continue in office for the term of two 
years. 

ARTICLE II. 

The Governor shall be chosen by qualified voters for the 
members of the House of Commons, at such time and 
place as members of the General Assembly are elected. 

He shall hold his office for the term of two years from 
the time of his installation, and until another shall be 
elected and qualified ; but he shall not be eligible more 
than four years in any term of six years. 



66 

The returns of every election for Governor, shall be 
sealed up and transmitted to the seat of Government, by 
the returning officers, directed to the Speaker of the Sen- 
ate, who shall open and publish them in the presence of a 
majority of the members of both Houses of the General 
Assembly. The person having the highest number of 
votes, shall be Governor ; but if two or more shall be 
equal and highest in votes, one of them shall be chosen 
Governor by joint vote of both Houses of the General 
Assembly. 

Contested elections for Governor.shall be determined by 
both Houses of the General Assembly, in such manner as 
shall be prescribed by law. 

The Governor elect shall enter on the duties of the of- 
fice, on the first day of January next after his election, 
having previously taken the oaths of office in the presence 
of the members of both branches of the General Assem- 
bly, or before the Chief Justice of the Supreme Court, 
who, in case the Governor elect should be prevented 
from attendance before the General Assembly,by sickness 
or other unavoidable cause, is authorised to administer 
the same. 

ARTICLE III. 

SECTION t. 

The Governor. Judges of the Supreme Court, and 
Judges of the Superior Courts, and all other officers of 
this State, (except Justices of the Peace and Militia of- 
ficers,) may be impeached for wilfully violating any Ar- 
ticle of the Constitution, mal-administration. or corruption. 

Judgment, in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit under 
this State ; but the party convicted may, nevertheless 
be liable to indictment, trial, judgment, and punishment, 
according to law. 



67 

The House of Commons shall have the sole power of 
impeachment. The Senate shall have the sole power to 
try all impeachments ; no person shall be convicted upon 
any impeachment, unless two-thirds of the Senators pre* 
sent shall concur in such conviction ; and before the trial 
of any impeachment, the members of the Senate shall 
take an oath or affirmation,truly and impartially to try and 
determine the charge in question according to evidence. 



SECTION II. 

Any Judge of the Supreme Court, or of the Superior 
Courts, may be removed from office for mental or physi- 
cal inability, upon a concurent resolution of two-thirds 
of both branches of the General Assembly. The Judge 
against whom the Legislature may be about to proceed, 
shall receive notice thereof accompanied by a copy of the 
causes alleged for his removal, at least twenty days be- 
fore the day on which either branch of the General As- 
sembly shall act thereon. 

The salaries of the Judges of the Supreme Court, or of 
the Superior Courts, shall not be diminished during their 
coutinuance in office. 



SECTION III. 

Upon the conviction of any Justice of the Peace of 
any infamous crime, or of corruption and mal-practice 
iu office, the commission of such Justice shall be thereby 
vacated, an d heshali be forever disqualified from holding 
such appointment. 



SECTION IV. 

The General Assembly, at its first session after the 
year one thousand eight hundred and thirty-nine, and from 



time to time thereafter, shall appoint an Attorney Gene- 
ral, who shall be commissioned by the Governor, and shall 
hold his office for the term of four years ; but if the 
General Assembly should hereafter extend the term during 
which Solicitors of the State shall hold their offices, then 
they shall have power to extend the term of office of the 
Attorney General to the same period. 



ARTICLE IV- 



SECTION I. 

No Convention of the People shall be called by the 
General Assembly, unless by the concurrence of two- 
thirds of all the members of each House of the General 
Assembly. 

No part of the Constitution of this State shall be altered, 
unless a Bill to alter the same shall have been read three 
times in each House of the General Assembly, and agreed 
to by three-fifths of the whole number of members of each 
House respectively ; nor shall any alteration take place 
until the Bill so agreed to shall have been published six 
months previous to a new election of members to the 
General Assembty. If, after such publication, the alte- 
ration proposed by the preceding General Assembly, shall 
be agreed to in the first session thereafter, by two-thirds 
of the whole representation in each House of the General 
Assembly, after the same shall have been read three 
times, on three several days, in each House, then the said 
General Assembly shall prescribe a mode by which the 
Amendment or Amedments may be submitted to the 
qualified voters of the House of Commons throughout the 
State ; and if, upon comparing the votes given in the 
whole Sate, it shall appear that a majority of the voters 
have approved thereof, then, and not otherwise, the same 
shall become a part of the Constitution. 



69 

P SECTION II. 

The thirty- second section of the Constitution shall be 
amended to read as follows : — No person who shall deny 
the being of God, or the truth of the Christian Religion. 
or the divine authority of the Old or New Testament, or 
who shall hold religious principles incompatible with the 
freedom or safety of the State, shall be capable of holding 
any office or place of trust or profit in the civil depart- 
ment within this State. 

SECTION III. 

Capitation tax shall be equal throughout the State up- 
on all individuals subject to the same. 

All free males over the age of twenty-one, and under 
the age of forty-five years, and all slaves over the age of 
twelve years, and under the age of fifty years, shall be 
subject to Capitation tax, and no other person shall be 
subject to such tax ; provided, that nothing herein con- 
tained shall prevent exemptions of taxable polls as here- 
tofore prescribed by law in cases of bodily infirmity. 

SECTION IV. 

No person who shall hold any office or place of trust 
or profit under the United States, or any department 
thereof, or under this State, or any other State or Gov- 
ernment, shall hold or exercise any other office or place 
of trust or profit under the authority of this State, or be 
eligible to a seat in either House of the General Assem- 
bly : Provided, that nothing herein contained shall ex- 
tend to officers in the Militia or Justice of the Peace. 

Ratified in Convention, this eleventh day of July 
in the year of our Lord one thousand eight hundred 
and thirty-five. 

NATHANIEL MACON, President. 
Edmund B. Freeman, Secretary of the Convention. 
Joseph D. Ward, Assistant Secretary. 



GOVERNOR'S CERTIFICATE. 



I, David L. Swain, Governor of the State of North Caro- 
lina, do hereby certify, that the within Amendments to 
the Constitution, proposed by a Convention held in the 
City of Raleigh, the 4th day of June last, were submitted 
for ratification or rejection to the good people of the 
State, according to an Ordinance of the said Convention ; 
that the returns of all the votes given were made to me, 
and by me duly opened, in the presence of the Secretary 
of State and Public Treasurer, and that a majority of the 
votes so given and returned was in favor of ratification ; 
And I do therefore certify, declare, and make known, that 
the within Amendments have been ratified by the good 
people of the State, have become part of the Constitu- 
tion, and, as such, will have full force, effect and opera- 
tion, from and after the first day of January next. 

In Witness Whereof, I have signed this cer- 
tificate, and have caused the Secretary of 
State to countersign the same, and to affix 
the Great Seal of State hereunto. 

Done at Raleigh, this fourth day of De- 
cember, A. D. eighteen hundred and thirty- 
five. 

D. L. SWAIN. 
By the Governor, 

Wm. Hill, Secretary of State. 




INDEX. 



DECLARATION OF RIGHTS. 

Section. 

Derivation of power, 1 

Right of Government, 2 

No exclusive emoluments or privileges, 3 

Powers of government to be seperate and distinct, 4 

Power of suspending the laws, 5 

Elections ought to be free, 6 

Right of the accused in criminal prosecutions, 7 

Modes of prosecutions, 8 

Trial by jury, 9 

Bail, fines and punishments, 10 

General warrants, 11 

Law of the land, 12 

Habeas Corpus, 13 

Trial by jury, 14 

Freedom of the press, 15 

Taxes not to be imposed except in General Assembly, 16 
Arms, Standing armies, military subordinate to the civil 

power, 17 

Right of the people to instruct their representatives, 18 

Rights of conscience, 19 

Elections should be frequent, 20 

Frequent recurrence to fundamental principles, 21 

No hereditary emoluments, privileges or honors, 22 

Perpetuities and monopolies not to be allowed, 23 

No ex post facto law to be made, 24 

Limits of the State, 25 



72 
CONSTITUTION, 
AS ADOPTED 18th DECEMBER, 1776. 

I.— L EGISLATIVE DEPARTMENT, 

Section. 

Legislative authority vested in two distinct branches, 1 

Senate, 2 

House of Commons, 3 

General Assembly, 4 

Qualification of Senators, 5 

Qualification of members of the House of Commons, 6 

of voters for Senate, 7 
of voters for members of the House of Commons, 8 

of voters for members to represent the towns, 9 
Power of the two Houses to choose their officers, judge of 
the qualification of members, to adjourn, to prepare 

bills and issue writs of election. 10 
Bills must be read three times in each House and be signed 

by the speaker, 11 
Oath to the State and oath of office, 12 
The General Assembly to appoint Judges, to be commis- 
sioned by the Governor during good behavior, 13 
Power to appoint general and field officers of militia, 14 

II.— EXECUTIVE DEPARTMENT. 



The Senate and House of Commons jointly to elect the Gov- 
ernor, 



15 



shall elect seven persons to be a Council of 
State for one year, 16 

The Governor shall keep and affix to all grants and commis- 
sions the Great Seal of the State of North Carolina, 17 
shall be captain general and commander in 
chief of the militia, 18 

his powers and duties; — general enumeration, 19 
shall grant a temporary commission, with the 
advice of his council when certain vacancies 
occur during the recess of the General As- 
sembly, 20 



78 

Section. 

Tbe Governor Judges and Attorney General to have ade- 
quate salaries, 21 

The General Assembly to appoint a Treasurer, 22 

The Governor, or other officers for violating the constitu- 
tion, mal-administration or corruption, may be im- 
peached, or indicted, 23 

The General Assembly to appoint a Secretary, 24 



III.--DISQU A LIFIC ATIONS. 

No defaulting receiver of public monies eligible to the Gen- 
eral Assembly, 25 

No Treasurer eligible to the General Assembly, 26 

No officer, or agent of the United States, can be a member 

of the General Assembly or Council of State, 27 

No member of the Council can have a seat in the General 

Assembly, 28 

No Judge can be a member of the General Assembly or 

Council of State, 29 

The Secretary, Attorney General and Clerks of Court, shall 
not be members of the General Assembly or Council 
of State, 30 

A clergyman in the exercise of the pastoral function shall 
not be a member of the General Assembly or Council 
of State, 31 

Religious Test, 32 



IV.— MISCELLANEOUS. 

Justices of the Peace — mode of appointmenr and term of 

office, 33 
There shall be no religious establishment, 34 
No person shall hold more than one lucrative office, 35 
Form of commissions, grants and indictments, 36 
Delegates to the Continental Congress, 37 
Sheriffs, coroners and constable in each county, 38 
When a debtor shall not be imprisoned, and when a priso- 
ner may be bailed, 39 

10 



74 

Section. 
A foreigner, on taking the oath of allegiance, may pur. 

chase land, 40 
A school or schools shall be established, and useful learn- 
ing promoted in cne or more Universities, 41 
Purchase of land from the Indians, 42 
Entails and Perpetuities, 43 
Declarations of Rights, part of the Constitution, 44 
Members of the General Assembly, may protest of record, 45 
When the General Assembly may proceed to business — 

yeas and nays how taken — journals to be; printed, 48 

Temporary provision for the well ordering of the State, 47 



AMENDMENTS. 

I— Legislative Department, 

ARTICLE I. 

SECTION 1. 

i. The Senate to be composed of fifty members, elected bien- 
nially by districts, laid off in proportion to the amount of 
public taxes. 

2. House of Commons to be composed of one hundred and 
twenty representatives elected by counties, according to 
federal population. 

:j. Appointment of Representatives — when made. 

4. A Ratio of representation — how ascertained, 

SECTION II. 

1. How the Senate shall be composed until the first sesssion of 

the General Assembly after 1841. 

2. How the House of Commons sha lie constituted until after 

1841. 



75 

SECTION III. 

1. Qualification of Senators. 

2. Qualification of voters for Senators. 

3. Free persons of color, not allowed to vote for members of 
either House, 



SECTION IV. 

1. In elections by the General Assembly, the vote must be 

viva voce. 

2. Appointment and removal of Militia Officers. 

3. Divorce and alimony. 

4. No power to alter names, legitimate bastards, or restore in- 

famous persons to eredit, except under the operation of 
general laws. 

5. No private law to be passed, unless thirty days previous no- 
tice shall have been given. 

6. The Governor may issue writs of election to supply vacancies 

in the General Assembly. 

7. Biennial Sessions, Election of Secretary of State, Trea- 
surer, and Council of Stale. 



II— Executive Department, 

ARTICLE II. 

SECTION I. 

i. The Governor — how chosen. 

2. His term of office, and when eligible. 

3. Returns of his election, how made, opened and published — 
result bow determined. 

4. Contested elections how determined. 

5. After taking the oaths of office, to enter on his duties, the 
first day of January after his election. 



76 

III— Judicial Department. 

ARTICLE III. 

SECTION I. 

1. Governor, Judges, and other officers may be impeached. 

2. Extent of judgment in cases of impeachment. 

3. The House of Commons power to originate, the Senate t* 

try, impeachments — mode of trial. 

SECTION II. 

1. Judges may be removed by the General Assembly for men- 
tal or physical inability. 

2. Their salaries not to be diminished during their continu- 
ance in office. 

SECTION III. 

Conviction of infamous crime, corruption or mal-practice, va- 
cates the office of Justice of the Peace — disqualification. 

SECTION IV. 

Attorney General and Solicitors for the State, to be appointed 
for a like term. 

IV— Miscellaneous. 

ARTICLE IV- 

SECTION I. 

No Convention to be called except by a concurrence of two* 
rthirds of each House of the General Assembly. 

SECTION II. 

Religious Test. 

SECTION III. 

1. Capitation tax shall be equal throughout the State. 

2. All free males over 21, and all slaves between 12 and 50 

years of age, subject to capitation tax. 

SECTION IV. 

No officer under the United States, or under this State or any 
other State or government, to hold any other lucrative of- 
fice nnder this State, or be eligible to the General Assembly. 



RULES OF ORDER 

FOR THE 

GOVERNMENT OF THE SENATE. 



1. When the. Speaker takes the Chair, each member 
shall take his seat ; and, on the appearance of a quorum, 
the Journal of the preceding day shall be read. 

2. After the reading of the Journal of the preceding 
day, the Senate shall proceed to business in the follow- 
ing order to-wit : 1st, the receiving Petitions, Memorials, 
Pension Certificates, and papers addressed either to the 
General Assembly or to the Senate ; 2d, the Reports of 
Standing Committes ; 3d, the Reports of Select Commit- 
tees ; 4th, Resolutions ; 5th, Bills ; 6th, Bills, Resolu- 
tions, Petitions, Memorials, Messages, Pension Certifi- 
cates, and other papers on the table. Then the Orders 
of the Day; hut motions and messages to elect Officers, 
shall always be in order. 

3. When any Member is about to speak in debate or 
deliver any matter to the House, he shall rise from his 
seat and respectfully address himself to the Speaker, and 
shall confine himself to the question under debate, and 
avoid personality. And when two or more members 
happen to rise at once, the Speaker shall name the one 
who is first to speak. No member shall speak oftener 
than twice on the same question, without leave of the 
House. And when any Member is speaking, he shall 

11 



not be interrupted by any person, either by speaking or 
by standing, or passing between him and the Chair. 

4. All Bills and Resolutions, introduced, shall pass, as 
a matter of course, the first reading. 

' 5. If any member, in speaking, or otherwise, trans- 
gress the rules of the House, the Speaker shall, or any 
Member may call him to order ; in which case, the 
Member so called to order, shall immediately sit down, 
unless permitted to explain ; and the House shall, if ap- 
pealed to, decide on the case, but without debate. If 
there be no appeal, the decision of the Chair shall be sub- 
mitted to. If the decision be in favor of the Member 
called to order, he shall be at liberty to proceed ; if oth- 
erwise, and the case require it, he shall be liable to the 
censure of the House. 

6. When a question is under debate, no motion shall be 
received but to adjourn, to lie on the table, to postpone 
indefinitely, to postpone to a day certain, to commit, or 
to amend ; which several motions shall have precedence 
in the order they stand arranged, and the motion for ad- 
journment shall always be in order, and decided without 
debate. 

7. Questions may be stated by the Speaker sitting, but 
shall be put standing. Questions shall be distinctly put in 
this form: "Senators, as many as are of opinion that (as 
the case may be) say Aye :" and after the affirmative voice 
is expressed — "As many as- are of a contrary opinion, say 
No." If the Speaker doubt as to the voice of the majority, 
or a division be called for, the Speaker shall call on those in 
the affirmative of the question to rise from their seats, and 
afterwards those in the negative. If the Speaker still 
doubt, or a count be required, the Speaker shall name two 
members, one from each side, to tell the number in the 
affirmative ; which being reported, he shall then name 
two others, one from each side, to tell those in the nega- 
tive ; which being also reported, he shall state the divis- 
ion to the House, and announce its decision. No member, 
who was without the bar of the Semite when any question 
was put from the Chair, shall enter his Yea or Nay with- 
out leave, unless he shall have been absent on some com- 
mittee ; and the row of pillars shall be the bar of the 
Senate. 



8. When any member shall make a motion which is 
not of course, he shall reduce the same to writing, if re- 
quired. , 

9. In all cases of election by the House, the Speaker 
shall vote, and when, on a division, there shall be an 
equal number of votes, the Speaker shall decide the ques- 
tion. In no other case shall he vote, unless his vote, if 
given to the minority, will make the division equal ; and 
when an equal division is produced by the Speaker's vote, 
the question shall be lost. 

10. No member shall depart the service of the House 
without leave, or receive pay as a member for the time 
he is absent. 

11. Petitions, Memorials, and other papers addressed to 
the House, shall be presented by the Speaker, or by a 
member in his place ; a brief statement of the contents 
thereof shall verbally be made by the introducer, and 
the Petition. Memorial, or other paper, shall not be read, 
unless so ordered by the House. 

12. Resolutions for the appropriation of public money, 
and all resolutions of a public nature, as well as all bills 
shall be read the first time for information ; and, upon 
this reading, shall not be subject to amendment ; but may 
be amended on the second and third reading. And the 
Clerk shall keep a calendar of all such resolutions and 
bills, with the orders taken on them, for the inspection of 
the members of the Senate. 

13. All bills of a public nature, when ready for the 
second reading, shall be noted to be read at least one day 
previous thereto : and then shall first be read for infor- 
mation, and afterwards, paragraph by paragraph, and 
held open for amendment. 

14. After a bill has been once rejected, postponed in- 
definitely, or to a day beyond the session, another of like 
provisions shall not be introduced during the same ses- 
sion. 

15. When a question has been once decided, it shall 
b6 in order for any member in the majority to move for 



so 

a re-consideration thereof, on the same or succeeding day, 
if the bill resolution, or paper, upon which the question 
has been taken, be in possession of the Senate ; and no 
bill or resolution of a public nature, shall be sent from 
the Senate until twelve o'clock the succeeding day. 

1G. The Speaker shall examine and correct the Jour- 
nal before it is read; he shall have the general directions 
of the Hall; he shall designate the members who shall 
compose all Committees, except when otherwise order- 
ed ; and the Select Committees of this House shall con- 
sist of five members. 

17. There shall be appointed by the Speaker, the fol- 
lowing Commitees, viz : a Committee of Propositions and 
Grievances ; a Committee of Privileges and Elections ; 
a Committee of Claims ; a Committee on the Judiciary; 
a Committee on Internal Improvement ; and a Committee 
on Education and the Literary Fund, consisting of seven 
members each. 

18. When the House resolves itself into a Committee of 
the Whole, the Speaker shall leave the Chair, and ap- 
point a Chairman ; and when, upon any other occasion, 
the Speaker wishes to leave the Chair, he shall appoint a 
Speaker pro. tern, 

19. When any petition, memorial, or other paper ad- 
dressed to the House, shall have been referred either to 
one of the standing or Select Committees, they shall, in 
their report on the petition, memorial, or other paper, 
make a statement in writing of the facts embraced in the 
case so referred. 

20. In case of any disturbance or disorderly conduct in 
the lobby or gallery, the Speaker, or Chairman of the 
Committee of the Whole House, shall have power to have 
the same cleared. 

21. No person, except members of the House of Com- 
mons, Officers and Clerks of the two Houses of the Gen- 
eral Assembly, Judges of the Supreme and Superior 
Courts, Officers of the State, resident at the scat of Gov- 
ernment, Members of Congress, persons particularly in- 
vited by the Speaker, and such gentlemen as have been 
members of either House of the Legislature, shall be ad- 
mitted within the Hall of the Senate. 



SI 

22. Any member dissatisfied with the decision of the 
Speaker on any question of order, may appeal to the 
House. 

2-3. When the House adjourns, the members shall keep 
their seats till the Speaker leaves the Chair. 

24. On motion of adjournment, the question shall be 
decided without debate. 

25. The rules for the government of the Senate shall 
not be amended or altered, without giving at least one 
day's notice of such amendment or alteration, except by 
the consent of two-thirds of the members present. 

CALVIN GRAVES, 

Speaker of the Senate. 
By Order, 
Henry W. Miller, Clerk. 



RULES AND ORDER 

OF CONDUCTING BUSINESS 



IN THE 



I0U8B Of G0MH0N8. 



Touching the Duty op the Speaker. 

1. He shall take the Chair every day precisely at the 
hour to which the House, on the preceding day, shall 
have adjourned; shall immediately call the Members 
to order, and on the appearance of a quorum, cause 
the Journal of the preceding day to be read. 

2. He shall preserve decorum and order ; may speak 
to points of order in preference to other Members, rising 
from his seat for that purpose ; and shall decide questions 
of order, subject to an appeal to the House by any 
Member ; on which appeal no Member shall speak more 
than once, unless by leave of the House. 

3. He shall rise to put a question, but may state it 
sitting. 

4. Questions shall be distinctly put in this form, viz : 
" As many as are of opinion that, (as the question may 
be,) say Aye :" and after the affirmative voice is ex- 
pressed, " As many as are of a contrary opinion, say No." 
If the Speaker doubt, or a division be called for, the 
House shall divide: Those in the affirmative of the 



84 

question, shall rise from their seats : and afterwards, 
those in the negative. If the Speaker still doubt, or a 
count be required, the Speaker shall name two Members, 
one from each side of the question, to tell the Member*, 
in the affirmative ; which being reported, he shall then 
name two others, one irom each side of the question, to 
tell those in the negative , which being also reported, he 
shall rise and state the decision to the House. 

5. The Speaker shall examine and correct the Journal 
before it is read. He shall have a general direction of 
the Hall. He shall have a right to name any member 
to perform the duties of the Chair; but such substitu- 
tion shall not extend beyond an adjournment, except in 
case of sickness. 

6. All Committees shall be appointed by the Speaker, 
unless otherwise specially directed by the House. 

7. In all elections, the Speaker shall vote. In other 
cases, he shall not vote, unless the House be equally di- 
vided ; or unless his vote, it given to the minority, will 
make the division equal : in case of such equal division, 
the question shall be lost. 

8. The Speaker shall arrange the orders of the day 
unless the House shall otherwise direct. 

9. All Acts, Addresses, and Joint Resolutions, shall be 
signed by the Speaker; and all writs, warrants, and 
subpoenas issued by order of the House, shall be under 
his hand and seal, attested by the Clerk. 

10. In case of any disturbance or disorderly conduct 
in the galleries or lobby, the Speaker (or Chairman of 
the Committee of the Whole) shall have power to order 
the same to be cleared. 

11. No person shall be permitted to come within the 
bar of the House, unless by the invitation of the Speaker, 
or some Member of the'House ; and the range of pillars 
in front of the Speaker's Chair shall be considered the 
ber of the House. 



85 

12. Stenographer?, wishing to take d.nvn debates, may 
be admitted by the Speaker, who shall assign such places 
to them on the floor or elsewhere, to effect their object, 
as shall not interfere with the convenience of the 
House. 

Order or Business of the Day. 

13. The unfinished business in which the House was 
engaged at the last preceding adjournment, shall have 
the preference in the Orders of the Day ; and no motion 
or any other business shall be received without special 
leave of the House, until the former is disposed of. All 
elections by the Hous°. shall be viva voce, unless there 
be but one nominee, in which case, appointments may be 
made on motion ; and on such elections, the roll shall be 
called a second time for absentees before the result is 
announced. 

Or Decorum and Debates. 

14. When any Member is about to speak in debate or 
deliver any matter to the House, he shall rise from his 
seat and respectfully address himself to the Speaker. 

15. When the Speaker shall call a Member to order, 
he shall sit down ; as also he shall when called to order 
by another Member, unless the Speaker decide the point, 
of order in his favor. By leave of the House, the Mem- 
ber called to order may clear a matter of fact or explain, 
but shall not proceed in debate so long as the decision 
stands, but by permision of the House. Any Member 
may appeal from the decision of the Chair ; and if, up- 
on the appeal, the decision be in favor of the Member 
called to order, he may proceed. If otherwise, he shall 
not, except by leave of the House ; and if the case in 
the judgment of the House, require it, he shall be liable 
to its censure. 

16. When two or more members rise at the same time, 
the Speaker shall name the member to speak. 

17. No member shall speak more than twice on the 
same question, without leave of the House. 

18. Whilst the Speaker is putting any question or ad- 
dressing the House, no person shall speak, stand up, or 

12 



-•*# 



86 

walk out or across the House ; nor, when a member h 
speaking- entertain private discourse, stand up, or pass 
between him and the Chair. 

19. No member shall vote on any question, touching 
his right to a seat in the House, or on the passage of any 
private bill or resolution in the event of which he is im- 
mediately and directly interested, or in the case where he 
was not present when the question was put by the Speak- 
er. Upon a division and count of the House on any 
question, no member without the bar shall be counted. 

20. Every member who shall be in the House when 
the question is stated, shall give his vote, unless the 
House, for special reasons, shall excuse him. 

21. When a motion is made, and seconded, it shall 
be stated by the Speaker, or if written, it shall be handed 
to the Chair ; and read aloud by the Clerk, before de- 
bated. 

22. Every motion shall be reduced to writing, if the 
Speaker or any two members desire it. 

23. After a motion is stated by the Speaker, or read 
by the Clerk, it shall be deemed to be in the posses- 
sion of the House , but may be withdrawn before a de- 
cision or amendment, except in case of a motion to re- 
consider, which motion, when made by a member, shall 
be deemed and taken to be in possession of the House, 
and shall not be withdrawn without leave of the House. 

24. When a question is under debate, no motion shall 
be received but to adjourn, to lay on the table, to post- 
pone indefinitely, to postpone to a day certain, to commit 
or amend ; which several motions shall have prece- 
dence in the order they stand arranged ; and no motion 
to lay on the table, to postpone indefinitely, to post- 
pone to a day certain, to oommit or amend, being de- 
cided, shall be again allowed on the same day, and at 
the same stage of the bill or proposition. 

25. A motion to adjourn shall always be in order, 
except when the House is voting, or some member 
speaking, and shall be decided without debate. 



37 

26. When a question is postponed indefinitely, the 
same shall not be acted upon again during the session. 

27. Any member may call for a division of the ques- 
tion, when the same will admit of it; which shall be de- 
termined by the Speaker. 

2S. When a motion has been once made and carried 
in the affirmative or negative, it shall be in order for any 
member of the majority to move for the re consideration 
thereof, on the same or succeeding day. 

29. When the reading of a paper is called for, which 
has been read in the House, and the same is objected to 
by any member, it shall be determined by a vote of the 
House. 

30. Petitions, Memorials, and other papers addressed to 
the House, shall be presented by the Speaker, or by a 
member in his place ; a brief statement of the contents 
thereof shall verbally be made by the introducer ; and 
shall not be debated or decided on the day of their being 
first read, unless when the House shall direct otherwise, 
but shall lie on the table to be taken up in the order they 
were read. 

31. No Bill, Petition, Memorial, or other papers that 
may be introduced, shall be taken out of the possession of 
the House or sent to the Senate, until the time for re- 
consideration shall have elapsed. 

32. When the yeas and nays are called for on any 
question, it shall be on motion before the question is put, 
and if seconded, the question shall be decided by yeas 
and nays ; and in taking the yeas and nays, or on a call 
of the House, the names of the Members shall be taken 
alphabetically. 

33. No Member shall be called upon for words spoken 
in the House but on the day they were spoken. Decency 
of speech shall be observed, and personal reflections care- 
fully avoided. 

34. Any twenty Members, including the Speaker, shall 
be authorized to compel the attendance of absent Mem- 
bers. 



ss 

35. No Member or Officer of the House shall absent 
himself from the service of the House, without leave, un- 
less from sickness or inability to attend, 

26. Any Member may excuse himself from serving on 
any Committee at the time of his appointment, if he is a 
member of two Standing Committees. 

87. If any Member shall be necessarily absent on any 
temporary business of the House, when the vote is taken 
on any question, upon entering the House, he shall be 
permit tted, on motion, to vote. 

38. No standing rule or order shall be rescinded, al- 
tered, or suspended, without one day's notice given of 
the motion thereof; and to sustain such motion, two- 
thirds of the House shall be required. 

39. The Members of this House shall uncover their 
heads upon entering the Hall whilst the House is in Ses- 
sion, and shall continue so uncovered during their con- 
tinuance in the Hall. 

COMMITTEES. 

40. Upon motion of any member, there shall be a call 
f'o the House, a majority of the members present assenting 
thereto, and upon a call of the house the names of the 
members shall be called over by the Clerk, and the ab- 
sentees noted ; after which the names of the absentees 
shall again be called over. The doors shall then be 
closed, and those for whom no excuse or insufficient ex- 
cuses are made, may by order of those present, if fifteen 
in number, be taken into custody as they appear, or may 
be sent for and taken into custody wherever to be found, 
by special messengers appointed for that purpose. 

41. Six Standing Committees shall be appointed at the 
commencement of the session, viz : A Committee on 
Claims ; a Committee on Propositions and Grievances ; a 
Committee on Education ; a Committee en Agriculture ; 
a Committee on Internal Improvement ; and a Committee 
on Privileges and Elections. Each of said Committees 
shall consist of eleven members, one from each Electoral 
district, to be appointed by the members from the coun- 
ties composing said district. In addition to the abov6 



s& 

Standing Committees, the Speaker shall appoint another, 
two members from each Judicial Circuit, to be denomina- 
ted the Committee on Private Bills. 

42 A Select Standing Committee, consisting of eleven 
members, shall be appointed at the commencement of 
the session, by the Speaker, and be denominated " the 
Committee on the Judiciary." 

43. Select Committees shall consist of five members. 
It shall be the duty of the person first named on any 
Committee, to cause the members of the Committee to 
convene when necessary, and when so convened, they 
shall appoint some one of their number chairman. 

44. [n forming a committee of the whole House, the 
Speaker shall leave his chair, and a chairman to preside 
in committee shall be appointed by the Speaker. 

45. Upon Bills committed to a committee of the whole 
House, the bill shall be first read, throughout by the 
Clerk, and then again read and debated by sections, lea- 
ving the preamble to be last considered ; the body of 
the bill shall not be defaced or interlined ; but all a- 
mendments, noting tha page and line, shall be duly en- 
tered by the Clerk on a separate paper, as the same shall 
be agreed to by the Committee, and so reported to the 
Hcuse. After report, the bill shall again be subject to 
be debated and amended by sections, before a question 
on its passage be taken. 

4G. All questions, whether in Committee, or in the 
House, shall be propounded in the order in which they 
were moved, except that in filling up blanks, the largest 
sum and longest time shall be first put. 

47. The rules of proceeding in the House shall be ob- 
served in a committee of the whole House, so far as 
they may be applicable, except the rule limiting the 
times of speaking. 

4S. In a committee of the whole House, a motion that 
the committee rise, shall aways be in order, except when 
a member is speaking, and shall be decided without de- 
bate. 



90 

OF BILLS, RESOLUTIONS, &c. 

49. Every bill shall be introduced by motion for leave 
or by order ol the House on the report of a committee. 

50. Every bill shall receive three several readings in 
the House previous to its passage ; and the Speaker 
shall give notice at each, whether it be its first, second 
or third. The first reading of a bill shall be for informa- 
tion, and if opposition be made to it, the question shall 
be, " Shall this bill be rejected 1" If no opposition be 
made, or if the question to reject be negatived, the bill 
shall go to its second reading without a question. 

51. Upon the second reading of the bill, the Speaker 
shall state it as ready for commitment or amendment. 

52. All bills shall be dispatched in order as they were 
introduced, unless when the House shall direct other- 
wise : but no public bill shall be twice read on the same 
day, without the concurrence of two thirds of the mem- 
bers present. 

53. All resolutions which may grant money out of the 
Treasury, or such as shall be of a public nature, shall be 
treated in all respects in a similar manner with public bills. 

54. When a bill is introduced to repeal a public law, 
or any part thereof, the law, or part intended to be re- 
pealed, shall be read at the second reading of the re- 
pealing bill ; and shall not be read at any other reading 
of the said repealing bill, unless required by one third of 
the House. 

55. When a bill has been once rejected, no other of 
the same purport shall be introduced again during the 
session. 

56. The Clerk of the House shall be deemed to contin- 
ue in office until another is appointed. 

R. B. GILLIAM, 

Speaker of the House of Commons, 
By Order, 
Perrin Bubbkk, Clerk. 



JOINT RULES 



FOR 



BOTH HOUSES. 



1. Each House shall perfect and finally act on all Bills, Reso- 
lutions and Orders, before the same shall be communicated to 
the other for its concurrence ; and if amended in the House to 
which it is transmitted, it shall be communicated to the House 
in which it originated, asking the concurrence of that House in 
the amendment. 

2. In any case of amendment of a Bill, Resolution, or Order 
agreed to in one House, and dissented to in the other, if either 
House shall request a conference, and appoint a Committee for 
that purpose and the other House shall also appoint a Commit- 
tee to confer, each Committee shall consist of an equal number, 
and they shall meet and state to each other the reasons of their 
respective Houses, for and against the amendment, and confer 
freely thereon, and make a report in writing to their respective 
Houses, of the result of their conference. 

3. Messages from one House to the other shall be sent by the 
Clerk Assistant of each House, unless otherwise ordered. 

4. When a Message shall be sent from one House to the oth- 
er, it shall be announced at the door of the House to which it is 
sent by the Door Keeper, and shall be respectfully delivered to 
the Chair, by the person by whom it may be sent. 

5. After a Bill shall have passed the House in which it oiigi- 
nated, it shall be under the signature of the Clerk, and engross- 
ed under his direction and inspection, before it shall be commu- 
nicated to the other House. 

6. After a Bill shall have passed both Houses, it shall be duly 
enrolled, on suitable paper by the Engrossing Clerks, before it 
shall be presented for ratification. 

7. When Bills are enrolled, they shall be carefully examined 
bv a Joint Committee of three from the Senate, and five from 
the House of Commons, whose duty it shall be, to carefully com- 
pare the enrollment wilh the Engrossed Bills, as passed in the 
two Houses, and to correct any errors that may be discovered in 
the enrolled Bills, and make this report of the said Bills to the 
House. 

8. After examination and report, each bill shall be ratified 



0-2 

and signed in the respective Houses ; first by the Speaker of 
the House of Commons, and then by the Speaker of the Senate- 

9. All Orders, Resolutions and votes of the Houses shall be 
examined, engrossed and signed in the same manner as bills. 

10. When a Bill or Resolution, which shall have passed in 
one House, is rejected in the other, notice thereof shall be giv- 
en to the House in which the same may have passed. 

11. The Committee in each House shall in all cases, make a 
statement of facts on which their report is founded ; which 
statement, wiih all other papers on which any Bill or Resolu- 
tion may be formed, shall be transmitted to the other House. 

12. The committee of Finance shall be joint, consisting of 
eight Members from each House. The Library Committee shall 
be a Joint Standing Committee, consisting of three Members 
from each House, appointed by the Speakers thereof respectively. 

13. In all Joint Committees, the Member first named on the 
Committee, on the part of the House proposing to raise such 
Committee shall convene the same ; and when met they shall 
choose their own Chairman. 

14. Either House may make a reference to any Joint Commit- 
tee, and all reports shall be made to the House ordering such 
references. 

15. Whenever either House shall order any paper or docu- 
ment to be printed, it shall be printed in octavo form on good 
paper and with fair type; and those documents ordered to be 
printed by the Senate, shall be printed as "Senate Documents,'' 
and those ordered to be printed by the House of Commons, shall 
be printed as " House Documents,'' and numbered in regular 
order ; except when communications are made to either House 
by the Governor, Treasurer, Comptroller or Secretary of State, 
and are ordered to be printed, they shall be designated as "Ex- 
ecutive Document?," — and said papers and documents shall be 
distributed in the following manner. One copy thereof to each 
Member of the General Assembly ; one copy to the Clerks of 
each House for the use thereof; and two copies shall be depos- 
ited in the Public Library. 

16. All elections requiring a joint vote shall be viva voce 
and a Select Committee of two Members in each House shall be 
appointed to superintend the same in their respective Houses. 
After the vote shall have been taken, said Select Committees 
shall confer together and report the result of such election to 
their respective Houses. 

17. The foregoing rules shall be permanent Joint Rules of 
the Legislature of North Carolina, until altered or amended. 



REPORT 



NORTH CAROLINA, 



LEGISLATURE OF THE STATE, 



THE RECEIPTS AND DISBURSEMENTS 



TREASURY DEPARTMENT, 



FISCAL YEAR, ENDING NOVEMBER 1st, 1848, 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 



Comptroller's Office, j 
Raleigh, N. C. November 1st., 1848. \ 

To the Honorable, the General 

Assembly of the State of North Carolina : 
In obedience to the requisition of an Act of the Gene- 
ral Assemblypassed at the Session of 1836 and '37 con- 
cerning the Comptroller, I have the honor to submit the 
accompanying Report, exhibiting the transactions of the 
Treasury Department for the fiscal year ending Novem- 
ber 1st, 1848. 

A tabular statement shewing the amount of Taxable 
property as reported to this Office by the County Court 
Clerks of this State, will be furnished you in the Public 
Treasurer's Report, shewing the amount of property and 
polls taxed in the years 1846 and '47, together with the 
valuation of real estate in those years. From this table 
a discrepancy will appear to arise without explanation 
when contrasted with the amount of Taxes collected, or 
shown by my report ; this difference is to be accounted for 
in the fact of certain credits ordered by the County Courts 
in favor of the sheriffs for Land Sales 4*c. improperly 
listed — discovered to be so after the Reports of the Clerks 
have been made to this department. I would submit to 
the Legislature, whether authority has been vested in the 
County Courts to remit a two fold State Tax imposed for 
delinquency in listing property as required by an Act 
of Assembly. The sheriff of Surry County having failed 
to make the returns required by law, under an Act to 
amend the 102 Chapter of the Revised Statutes entitled 



" an Act to provide for the collection and management 
of a Revenue for the State," I certified the fact to the 
Attorney General for proper Judicial proceedings to re- 
cover the penalty. This officer being of opinion that no 
penalty was provided for the delinquency, and having ta- 
ken no judgment in the case, the subject is submitted for 
the enquiry of the Legislature whether any new regula- 
tion of it be necessary. The sheriff of Wake County hav- 
ing died in September 1S47 and not having settled his 
account of the Revenue collected that year, there could 
be no return of the insolvents to be allowed him, nor of 
the Taxes on unlisted property, which are required to 
be made on the oath of the sheriff himself. In this in- 
stance, I proceeded to make the settlement by the returns 
of the previous year, for the sake of convenience, but the 
subject is brought to your attention, that some permanent 
regulation may be provided by Law to meet similar cir« 
cumstances for the future. 

With very great respect, 
Your obedient servant, 
WM. F. COLLINS. 



6 

Dr. Charles L. Hintom, Treasurer of Literury Fund 



1S47 

Nov. 1. To balance due President and Di- 
rectors of Literary Fund, on the 
1st day of November 1847. $143,045 29 

Cash received as entries of vacant 
land. 595 71 

Cash received of W. II. Jones, Cash- 
ier of the Bank of Cape Fear, be- 
ing a dividend of 3 per cent de- 
clared on 5322 shares of stock 
held in said Bank by the Presi- 
dent and Directors of the Literary 
Fund. 159,66 00 

Cash received of Fallcott Burr, 
Auctioner of New Hanover Coun- 
ty, being in full of his Auction Tax 
account from 1st October 1840 to 
31st. September 1S47. 101 73 

Cash received of Henry J. Green 
Auctioneer of Craven County, be- 
ing in full, his Auction Tax account 
from 1st October 184G to 31st Sept. 
1847 inclusive, 25 84 

Dec. Cash received a3 entries of vacant 

lands. 1061 22 

Cash received of S. W. Tillinghast 
Auctioneer of Cumberland Coun- 
ty 61 51 
Cash received of E. W. Wilkings 

Auctioneer of Cumberland County. 53 28 

Cash received of William J. Smith, 
1848 Auctioneer New Hanover County. 81 96 

Jan. Cash received as entries of vacant 

land. 1156 05 

Cash received of Charles Dewey 



7 

in Account with the President and Directors of Literary Fund, Cr. 

1847. 

Nov. By Cash paid the following Counties for Common 
Schools, viz. 

Beaufort County 484 20 

Anson 1221 84 

Bladen, 627 84 
Cabarrus, 790 51 

Catawba, 960 91 

Caswell, 1120 75 

Chatham, 1331 13 

Cleaveland. 624 73 

Craven, 1051 91 

Cumberland, 1237 68 

Edgecombe, 1207 43 

Franklin, S34 74 

Granville, 1442 61 

Greene, 509 88 

Guilford, 1705 43 

Hyde, 526 09 

Iredell, 1338 58 

Johnston, 868 03 

Lenoir, 578 05 

Martin, 613 89 

McDowell, 439 24 

Mecklenburg 1484 28 

Montgomery 478 76 

New Hanover 1014 66 

Northampton 1005 70 

Onslow 606 34 

Pasquotank, 697 63 

Richmond, 693 76 

Stanly, 444 05 

Wake, 1489 85 

Washington 361 64 

Wayne, 888 30 



8 

Da. Charles L. Hinton, Treasurer of Literary Fund 

184S 

Jan» Cashier of the Bank of the State 

being dividend of 4 per cent de- 
clared on 5027 Shares of stock 
held in said Bank by the President 
and Directors of the Literary 
Fund. 20,108 00 

Cash received of Andrew Joyner 
President of the Roanoke Naviga- 
tion Company being a dividend of 
3§ per cent on 500 Shares of stock 
held by the President and Direc- 
tors of Literary Fund in said Corn- 
pan y. 1750 00 
Cash received of Governor Graham 
President Ex-officio of the Litera- 
ry Board, being Interest on Bonds 
of the Raleigh and Gaston Rail 
Road company endorsed by the 
State and held by the Literary 
Board. 4644 OO 
Cash received of Governor Graham 
Pesident ex-officio of the Literary 
Board as Interest collected on 
Bonds of the Wilmington and Ral- 
eigh Rail Road Company endorsed 
by the State, 4050 0$ 

Feb. Cash received as entries of vaeant 

land, 220 95 

Mar. Cash received as entries of vacant 

land, 254 5& 

Cash received of George McNeil, 
Treasurer of Cape Fear Naviga- 
tion company, being dividend on 
650 shares of stock held in said 



in Account with the President and Directors of Literary Fund, 



Cr 



1847 








Nov. 


Wilkes, 




1041 64 




Cash paid Bert 


ie County 






for Common Schools, 


894 43 




Caldwell, 




371 50 




Currituck, 




552 59 




Davie, 




645 93 




Jones, 




360 03 




Person, 




659 11 




Orange, 




2034 05 




Bertie, Spring divi. 


569 00 




Davidson, 


« 


830 00 




Davie, 


<• 


416 00 




Sampson, 


k 


635 00 




Mecklenburg, 


Sept. '43, 


1220 79 


Dec. 


Buncombe, Spring '47, 


905 84 




Haywood, 


u 


457 73 




Moore. 


M 


452 00 




Moore, 


Fall 


607 82 




Pitt, 


«> 


900 09 




Rowan, 


M 


5800 39 




Rowan, 


(( 


1014 6Q 




Surry, 


(( 


1354 61 




Warren, 


a 


909 52 




Brunswick, 


a 


516 71 




Hertford, 


<< 


581 25 




Randolph, 


a 


1161 11 




Rutherford, 


a 


1226 56 




Cash paid Thomas J. Le- 






may, printing 


for Litera- 






ry Board, 




32 95 




Cash paid A. 


cy Dick- 






erson, Contractor, for 






constructing 


Turnpike 






Road around V 


'ungo Lake 





10 

Dr. Charles L. Hjnton, Treasurer of Literary Fund 



1848 

Mar. company by the President and Di- 

rectors of Literary Fund of North 
Carolina, 650 00 

April. Cash received as entries of vacant 

land. 303 72 

Cash received of Governor Graham 
President ex-officio Literary Board 
as Interest on loans made by said 
Board, 660 00 

Cash received of Governor Graham 
President ex-officio of the Literary 
Board being amount paid by Lin- 
coln County in support of Deaf 
and Dumb Schools, 75 00 

Cash received of A. Campbell, Auc- 
tioneer Cumberland County, being 
in full of his account from 1st Oct. 
1846 to 30th Sept. 1848 inclu- 
sive, 24 52 
May. Cash received as entries of vacant 

land, 147 79 

Cash received of W. H. Jones Cash- 
ier of the Bank of Cape Fear being 
a divdend of 3 per cent on 5322 
shares of stock held in said Bank 
by the President and Directors 
of the Literary Fund of North 
Carolina, 15,966 00 

Cash received of George McNeil 
Treasurer of the Cape Fear Navi- 
gation company, being 2Sth divi- 
dend of said company of 3 per cent 
on 650 shares of stockheld in said 
company by the President and 



11 



in Account with the President and Directors of Literary Fund, 



Ca 



1847 
Dec. 



1848 
Jan. 



in part of compensation 

for said work, 1600 00 

Cash paid Wm. D. Cook, 

being part of compensa- 
tion for 29 poor pupils in 

Deaf and Dumb School, 1000 00 
Cash paid William W. 

Holden, printing done by 

order of the Literary 

Board, 25 12 

Cash paid William Max- 
well for taking Census of 

that part of Henderson 

County formerly attached 

to Rutherford County, by 

request of the Literary 

Board, 40 00 

Cash paid Burke County 



for Common 


Schools, 


685 46 


Tyrell County, 


347 29 


Stokes 


<( 


1432 41 


Sampson 


<« 


979 30 


Robeson, 


(« 


869 06 


Macon 


u 


445 28 


Lincoln 


«( 


960 91 


Henderson, 


u 


302 00 


Henderson 


u 


521 38 


Halifax 


u 


1235 33 


Gates 


U 


632 28 


Gates 


•< 


372 00 


Cherokee 


u 


315 62 


Chowan 


u 


493 09 


Camden 


(« 


471 40 


Cash paid Dadney Cosby 





12 

£**• CiiARLiia L. Hinton, Ticasarer of Literary Fund 

1848 

May. Directors of the Literary Fund of 

North Carolina. 650 00 

Cash received of Thomas Hubbard 
Auctioneer of Anson County, in 
full for his Auction Tax account 
from 1st October 1846 to 30th 
September 1847 inclusive, 1 05 

June. Cash received as entries of vacant 

laud, 152 57 

July. Cash received as entries of vacant 

land, 107 00 

Cash received of Charles Dewey 
Cashier of the Bank of the State 
of North Carolina, being a divi- 
dend of 3? per cent declared on 
5027 shares of stock held in said 
Bank, by the President and Direc- 
tors of the Literary Fund, 21,364 75 
Cash received of Gov Graham, Pres- 
ident ex-officio of the Literary 
Board, being Interest on the Bonds 
of the Raleigh and Gaston Rail 
Road company endorsed by the 
State and held by said Board. 4,644 00 
Cash received of Gov. Graham Pres- 
ident ex-officio of the Literary 
Board, as Interest on the Bonds of 
the Wilmington and Raleigh Rail 
Road company endorsed bj r the 
State and held by said Beard, 4,050 00 
Cash received of Governor Graham, 
President ex-officio of the Literary 
Board, being amount paid by Da- 
vidson County for the support of 



13 

in Account with the President and Directors of Literary Fund, Ca 

1848 

Jan. & Son, contractors for 

building Deaf and Dumb 
Asylum, being second In- 
stalment, 2000 00 

Cash paid Wm. D. Cook, 
part compensation for 
educating 29 pupils in 
the Deaf and Dumb 
School. 600 00 

Cash paid of W. W. 
Morrison, Secretary to 
the Literary Board being 
expenses of the Members 
of said Board from 2d 
October 1847 to 1st Jan- 
uary 1848, 132 00 

Cash paid of W. W. 
Morrison, Secretary to 
the Literary Board to 
pay for advertising or- 
dered by the literary 
Board, 15 00 

Feb. Cash paid Burke County 

for Common Schools, 533 15 

Carteret " " 570 23 

Cash paid W. H. Mayhew, 
advertising done by or- 
der of the Literary Board, 14 50 
Mar. Cash paid Yancey County 

for Common Schools, 551 65 
Perquimons " " 581 64 

Davidson " « 1281 53 

Cash paid William D. 
Cook, Superintendant of 



14 

Dft. Charles L. Hinton, Treasurer of Literary Fund 

1848. 

July. the Deaf and Dumb School, 75 00 

August. Cash received as entries of vacant 

land, 120 19 

Cash received of Andrew Joyner 
President of the Roanoke Naviga- 
tion company, being dividend o f 2 
per cent declared on 500 shares of 
stock held in said company by 
President and Directors of the Lit- 
erary Fund of North Carolina. 1000 00 

Cash received of sundry sheriffs as 
Tax imposed on retailers of spiri- 
tuous liquors, 477 52 
Sept Cash received as entries of vacant 

land, 254 94 

Cash received of sundry sheriffs as 
tax imposed on retailers of spiri- 
tuous liquors, 2,833 16 
Oct. Cash received as entries of vacant 

land this month, 222 93 

Cash received b as Tavern Tax, re- 
ceived of T. J. Fentress, Sheriff of 
Craven, 71 4 4 

Cash received of S. W. Tilling- 
hast, Auctioneer, Cumberland, 53 56 

Cash received of E. W. Wilkings, 
Auctioneer, Cumberland, 40 12 

Cash received of Michael Crawley, 
Auctioneer, New Hanover, 100 61 

Cash received of Henry J. Green, 
Auctioneer, Craven, 27 53 

Cash received of Joseph S. Fowler, 
Auctioneer, Craven, 6 16 

Cash received of Louis Peck, Auc- 



15 

in Account with the President and Directors of Literary Fund, Ck- 



1848 

Mar. the Deaf <§* Dumb School, 

being in part compensa- 
tion for 29 poor pupils, 800 00 
April. Cash paid Dabney Cosby 
& Son, contractors for 
building Deaf and Dumb 
Asylum, 2500 00 

Cash paid William D. 
Cook, superintendant of 
the Deaf & Dumb Sehool, 
to defray the expenses of 
William Peet. from New- 
York to Raleigh, to de- 
liver an address at the 
laying the Corner Stone 
of the Asylum, by request 
of the Literary Board, 60 00 

Cash paid W. W. Morri- 
son, Secretary of the Lit- 
erary Board, to defray 
expenses of the members 
of said Board, from 1st. 
January, 1S48, to 5th 
April, 1S4S, inclusive, 72 00 

May. Cash paid William D. 

Cook, superintendant of 
the Deaf & Dumb School, 
part of his compensation, 500 00 

Cash paid Ritchie & Hiess, 
for advertising sale of 
Swamp Lands, by order 
Literary Board, 38 00 

Cash paid W. R. Gales, ad- 
vertising by order of the 



16 

Dr. Charles L.'Hinton, Treasurer of Literary Fund 

1848 

Oct. tioneer, Wake County, 2 44 

Cash received of N. B. Hughes Auc- 
tioneer, Wake County, 72 32 

Cash received of Gov. Graham, 
President ex-officio of the Litera- 
ry Board, being amount paid by 
the County of Guilford in support 
of the Deaf and Dumb Schools, 375 00 

Cash received of Charles L. Hinton, 
Public Treasurer, being amount of 

Interest collected on Bonds due the 
Literary Fund, and transferred to 
the use of the Public Fund by Act 
of the General Assembly passed at 
its Session of 1846 and 47. 3,G8l 16 



Amount brought forward, $251,387 50 



17 

in Account teith the President and Directors of Literary Fund. Cr. 



1848 






May. Literary Board, 




47 50 


Cash paid Gales 


& Sea- 




ton, advertising 


in the 




National Jntelli 


gencer, 




sale of Swamp Lands, 


38 00 


Cash paid the following Counties for Common Schools : 


Burke County, 




378 00 


Anson, 




574 00 


Beaufort, 




471 75 


Cumberland, 




600 50 


Caswell, 




543 75 


Catawba, 




466 87 


Hyde, 




255 75 


Iredell, 




650 25 


Johnston, 




421 50 


Martin, 




298 50 


Franklin, 




405 75 


Warren, 




440 75 


Rowan, 




493 50 


Person, 




369 75 


Orange, 




980 75 


Bladen, 




305 25 


Brunswick, 




203 25 


Craven, 




510 50 


Cabarrus, 




384 75 


Chowan, 




239 25 


Camden, 




229 50 


Carteret, 




276 75 


Edgecombe, 




580 50 


Guilford, 




830 25 


Greene, 




247 50 


Hertford, 




282 75 


Halifax, 




600 00 


Jones, 




174 75 


3 







18 

Dr. Charles L. Hinton, Treasurer of Literary Fund 

Amount brought forward, $251,387 50 



19 



in Account with the President and Directors of Literary Fund. 



C». 



1848. 






May. Lincoln, 




466 88 


Lenoir, 




280 25 


Mecklenburg, 




720 50 


New Hanover, 




493 5q 


Nothampton, 




489 00 


Onslow, 




294 75 


Randolph, 




564 75 


June. Wake, 




826 25 


Wayne 




432 00 


Duplin, 




878 02 


Duplin, 




569 00 


Tyrrell, 




251 00 


Stokes, 




696 00 


Stanly, 




216 00 


Pitt, 




431 25 


McDowell, 




214 50 


Montgomery, 




232 50 


Haywood, 




273 50 


Granville, 




702 75 


Chatham, 




641 25 


Buncombe, 




431 50 


Fuly. Macon, 




216 75 


Pasquotank, 




239 75 


Robeson, 




422 25 


Richmond, 




330 00 


Surry, 




658 50 


Washington, 




177 00 


Cash paid to William D. 




Cook superintendant of 




the Deaf and 


Dumb 




school a3 further! 


compen- 




sation, 




600 00 


Cash paid A. C. 


Dicker- 




son, contracter 


for ma- 





20 

Dr Charles L. Hinton, Treasurer of Literary Fund 

Amount brought forward, $251,387 50 



21 

in Account with the President and Directors of Literary Fund, Cr 

1848 

July. king Turnpike Road, 

from Pungo Lake to Long 
Ridge, 1068 75 

Cash paid H. P. Peet, 
of New York to cover 
expenses in publishing 
1250 copies of his ad- 
dress on the occasion of 
laying the corner stone of 
the Deaf and Dumb Asy- 
lum, 00 18 
Cash paid as expenses of 
the Literary Board from 
5th April to Srd of July, 
1848 inclusive, 90 00 

Aug. Cash paid Ashe County, 

for Common Schools, 333 00 

Caldwell County, 229 50 

Currituck, 268 50 

Cleaveland, 303 75 

Rutherford. 623 25 

►Sep. Davidson, 622 50 

Perquimons, 283 50 

Tyrell, 188 25 

Cash paid W. D. Cook, su 
perintendant of the Deaf 
& Dumb Asylum, in part 
of his compensation the 
present Session, as per or- 
der of the Literary Board, 1000 00 
Cash paid Dabney Cosby, 
& Son, being further pay- 
ment as contractors for 
building Deaf and Dumb 
Asylum, 500 00 



22 

Dr. Charles L. Hinton, Treasurer of Literary Funi 

Amount brought forward, $251,387 50 



23 

in Account with the President and Directors of Literary Fund. Cr. 



1848 






Oct. 


Cash paid Dabney Cosby & 
Sons contractors for build- 






ing Deaf Dumb Asylum, 


500 00 




Cash paid Bertie County, 






for Common Schools, 


861 23 




Robeson County, 


386 81 




Anson, 


1176 49 




Bertie, Spring div. 1848, 


434 25 




Johnston, Fall div. 18 48, 


835 81 




Franklin, 


776 52 




Cash paid W. W. Morrisoi: 


i, 




Secretary Literary Board 






to defray expenses of the 






Literary Board for the 






last three months, 


88 52 




Cash paid Richard Hines, 






Esq. to defray expenses 






of a committee from the 






Literary Board on a vis- 






it to the Swamp Lands 






and to review the Turn- 






pike Road and for other 






purposes. 


150 00 




Cash paid Charles Manly, 






Esq. Attorney's Fees, 


30 00 




Cash paid Charles B. Root, 






Administrater of Weston 






R. Gales, Advertising by 






order of Literary Board, 


2 25 




By disbursements since 1st. 






November 1847, to 1st. 






Nov. 1848, 


115,174 81 
136,212 69 



$251,387 50 



24 

Dr. Charles L. Hinton, Treasnrer of Literary Fund 

Amount brought forward, $251,387 50 



184S. 

Nov. To balance due President and 

Directors of the Literary Fund 
1st Nov. 1848, #136,212 69 



RECAPITULATION OF RECEIPTS. 

Entries of vacant land. 4,598 55 

Bank Dividends, Bank of Cape 
Fear, 31,932 00 

Bank Dividends, Bank of the State, 41,472 75~~ 

Auction Tax 1S47 and 48, 052 63- 

Roanoke Navigation Company Div- 
idends, 2,750 00 

Interest Raleigh and Gaston Rail 
Road Bonds, 9,288 00 

Interest Wilmington and Raleigh 
Rail Road Bonds, 8,100 00 

Cape Fear Navigation Company 
dividends, 1,300 00 

Deaf and Dumb School paid by 
Counties, 525 00 

Retailors of spirituous Liquors, 3,382 12 

Interest on Loans from Literary 

Fund and Individuals, 4,341 16 

Add balance 1st. Nov. 1847, 143,045 29 

§251,387 50 



25 

in Account with the President and Directors of Literary Fund, Cr> 



RECAPITULATION OF DISBURSEMENTS. 

Common Schools, 101,530 04 

Printing by order of the Literary 

Board, 213 32 
Superintendant of the Deaf and 

Dumb Asylum, 4,500 00 
Win. Maxwell, taking census for 

Literary Board 40 00 

Building Deaf and Dumb Asylum, 5,500 00 

Expenses of the Literary Board, 542 52 

Swamp Lands, 2,668 75 
Expenses of Wm. Peet, of New 

York, 60 00 

Publishing Address of Wm, Peet, 90 18 
Charles Manly. Attorney Literary 

Board, 30 00 



$115,174 SI 
Balance, 130,212 69 

$251,387 50 

The foregoing statements are founded upon vouchers 
filed in the Comptroller's Office, 1st. Nov. 1848. 

WM. F. COLLINS, 

Comptroller, P. A. 
4 



26 

Dr. Charles L. Hjnton, Public Treasurer, 

1847' 

Nov. Cash received of Charles Manly, 

Attorney for Literary Board be- 
ing in full of principal and interest 
of Judgment recovered in Wake 
County Court, in favor of the Pres- 
ident and Directors of the Litera- 
ry Fund against W & A. Stith, 
and others of which sum $300 is 
principal and $48 40 Interest. 343 40 

Cash rceived ,f Charles Manly, At- 
torney for Literary Board, being 
principal and interest of Judgment 
in favor of the President and Di- 
rectors of the Literary Board a- 
gainst W. J. Clark, Administrator, 
and James Litchford, of which 
§400 is principal and $65.20 Inter- 
est, 465 20 
Cash received of W. H. Jones [Cash- 
ier of the Capo Fear Bank being 
dividend of three per cent de- 
clared on 112 shares of stock held 
in said Bank by the President and 
Directors of Internal improvement 
Fund. 336 00 
Cash received of W. H. Jones, Cash- 
ier of the Cape Fear Bank, being 
dividend of 3 per cent declared on 
10 shares of unappropriated stock 
owned by the State, 30 00 

Dec. Cash received of Jacob Siler, agent 

for the collection of Cherokee 
Bonds, 1205 89 



27 

in Account with the State of North Carolina. Cju 

By disbursements from the 1st. 
November 1847 to 31st. Octo- 
ber 1848, both days inclusive, 131,201 60 
Add balance due Public Treasu- 
rer 1st. Nov, 1847, 45,835 45 

Amount carried forward, Si 77,037 05 



28 

Dr. Charles L. Hinton, Public Treasurer, 

1848 

Jan. Cash received of Joshua Roberts, 

Treasurer of Buncomb Turn Pike 
company, being a dividend of 1 1 
per cent declared on 500 shares of 
stock held in said company by the 
State of North Carolina, 550 00 

Cash received of W. H. Jones, 
Cashier of the Bank of Cape 
Fear being interest on Bonds of 
the Wilmington and Raleigh Rail 
Road Company redeemed by the 
State 1500 00 

Cash received of Clerk of Wake 
County Court, being amount of 
judgment against Christophers & 
Smith, 120 24 

Cash received of Gov. Graham, 
President ex-officio of the Litera- 
ry Board, being amount of a 
Bond against W. H. Bateg, as 
part of a note due Literary Board, 3,469 40 

Cash received of Charles Manly, At- 
torney, being amount of a note 
due the Literary Board by Daniel 
A. Flemming, principal $600 and 
interest .$65, C65 00 

Cash received of Charles Manly, 
being amount of a note due the 
Literary Board by A. D. Moore, 
and others, principal 8785,00 and 
interest $89,00, 874 00 

Cash received of Charles Manly, 
being amount of note due the Lit- 
erary Board by James Moore and 



29 

in Account with the State of North Carolina. Cr. 

Amount brought forward, $ 177,037 05 



30 

D R> Charles L. Hinton, Public Treasurer, 



1848 

Jan. others, principal $904,56, and in- 

terest $102,61, 1007 17 

Cash received of Charles Manly, 
Attorney, being amouut of note 
due the Literary Board by John 
Swan and others, principal $952,34 
and interest 100,80, 1053 14 

Cash received of Charles Man- 
ly, Attorney, being amount of a 
note due the Internal Improve- 
ment Fund, by Jno. Hall and oth- 
ers, which Bonds have been trans- 
feree! to the Public Treasurer by 
the Internal Improvement Board, 
principal $950,00 and interest 
$83,91, 1033 91 

Cash received of Edmund B. Free- 
man, Clerk to the Supreme Court 
being amount collected as Tax on 
Attorney's License, 270 00 

Cash received of Green Hill, Su- 
perintendant of the State Capitol, 
being proceds of a sale of old Tin 
sold by order of the Public Officers, 5 00 

Feb. Cash received of Jacob Siler, Cher- 

okee Land Agent being amount 
collected on sales of Preemption 
Cherokee Lands, 9,731 50 

Cash received of Charles Manly, 
Attorney, being amount of Judg- 
ment against Reuben Deaver and 
others, in favor of the Literary 
Board, Principal g2,500 00, and 
interest, $120 06, 2,620 06 



31 

in Account with the State of North Carolina. Cr. 



Amount brought forward, $177,037 05 



32 

Dk- Charles L. Hinton, Public Treasurtr, 



1848 

Mar. Cash received of William H. Bat- 

tle, being balance on a note due 
the Literary Board, principal 
$56S,55. and interest $350,13, 918,68 

April. Cash received of Jacob Siler, agent 
for the collection of Cherokee 
Bonds, being amount collected, 3,513 61 

Cash received of Charles Manly, 
Attorney, being W. Barbee's note 
in part of a bond due the Literary 
Board, 2,500 00 

May. Cash received of W. H. Jones, 

Cashier, being a dividend of 3 
per cent declared on 112 shares 
of stock held in the Cape Fear 
Bank by the President and Direc- 
tors of Internal Improvement 
Fund, 336 00 

Cash received of W. H. Jones, 
Cashier, being a dividend of 3 per 
cent declared on 10 shares of stock 
held in the Cape Fear Bank by the 
State of North Carolina Unappro- 
priated,) 30 00 

Cash received of James C. Turren* 
tine, sheriff of Orange County, be- 
ing in full of an execution a- 
gainst Jane Craig and others, due 
the Internal Improvement Fund 
and transferred to the Public 
Fund, 214 00 

Cash received of James C. Turren- 
tine, sheriff of Orange County, be- 



33 

in Account with the State of North Carolina. Cr. 

Amount brought forward. $177,037 05 



34 

Dr. Charles L. Hinton, Public Treasurer, 



1848 

May. ing in full of an execution against 

John McKerrell, and others, as 
loans by the Internal Improve- 
ment Board, 234 50 
Cash received of Jacob Siler, Chero- 
kee Land Agent, being amount 
collected on pre-emption Chero- 
kee Lands, 58 22 
Cash received of James C. Turren- 
tine, Sheriff of Orange County, be- 
ing amount of an execution a- 
gainst Wm. Barbee, and others, 
due the Literary Board, principal 
$2304, 23 and interest 866. 07, 3,170,30 

June. Cash received of Jacob Siler, Agent 
for the collection of Cherokee 
Bonds appropriated to Internal 
Improvement Fund, 3,821 00 

July. Cash received of William II. Jones, 

Cashier of the Bank of Cape Fear, 
being interest on the Bonds of 
the Wilmington and Raleigh Rail 
Road Company. 1500 00 

Cash received of E. B. Freeman, 
Clerk to the Supreme Caurt be- 
ing Tax on Attorney's License 
granted at June Term 1848, 180 00 

Aug. Cash received of W. W. Clark, 

Cashier of the Merchants Bank of 
Newbern as Tax of 25 cents on 
2250 shares of stock owned in 
said bank by individuals, 562 50- 

Cash received of O. G. Taresly, 
President of the Commercial Bank 



35 

in Account with the State of North Carolina. Cr. 

Amount brought forward, $177,037 05 



Dr. Charles L. Hinton, Public Treusnrer, 



1S4S 

Aug. of Wilmington as a tax of 25 cents 

en 182 3 shares of Stock owned 
in said Bank by individuals, 455 75 

Cash received of Jas. R. Dodge, 
clerk to the Supreme Courr at 
Morganton, being a Tax on At- 
torney's License granted at June 
Term 1848, 130 00 

Cash received from sundry Sheriffs 

being amount of Public Tax paid 
into the Public Treasury in the 
month of August, 16,013 42 

Sept. Cash received of Charles Dewey, 
Cashier of the Bank of the State 
of Noith Carolina, being a Tax 
of 25 cents on each individual 
share of stock held in said Bank, 2,243 25 

Cash received of W. H.Jones, Cash- 
ier of the Bank of Cape Fear be- 
ing a tax of 25 cents on each in- 
individual share of stock held in 
said Bank, 2,389 00 

Cash received of E. B. Freeman, 
Clerk of the Supreme Court at 
Raleigh as a Tax on Attorney Li- 
cense, 10 00 

Cash received of sundry sheriffs, 
being amount of Public Tax paid 
into the Public Treasury this 
month, 71,517 88 

Oct. Cash received of Charles J. Prentiss, 

Public Tax for the County of Cra- 
ven, 2,113 10 

Cash received of Jacob Siler, agent 



37 

in Account with the State of North Carolina. Cr. 

Amount brought forward, $177,037 OS 



'i&kf 






Dr. Charles L. Hinton, Public Treasurer, 

1848 

Oct. of the sales of Cherokee land, 638 85 

Cash received of Jacob Siler, agent 
for collection of Cherokee Bonds, 
being an advanced payment made 
for lands sold under the provision 
of an Act of the last General As- 
sembly, 602 15 

Cash received of Charles Manly, 
Attorney for Internal Improve- 
ment Fund, being balance due on 
a note of Mrs. S. DeRosette, and 
Hugh Waddell, and others, due 
Literary Board, principal $110 67 
and interest $18,08, 128 75 

Cash received of Governor Graham, 
President ex-officio of the Litera* 
ry Board, being amount paid over 
to the Public Treasurer in confor- 
mity with an Act of the General 
Assembly passed 18th January 
1847, 552 00 



Ameunt carried forward, 3139,117 97 



39 

in Account with the State of Nort Carolina. C». 



Amount brought forward, Si 77,037 05 



40 



Dr. 



Charles L. Hinton, Public Treasurer, 



1848 

Oct. To am't of Receipts bro't forward, $1 39,1 17 97 

Cash received of Charles Manly, 
Attorney for Literary Board, be- 
ing for a note due the said Board, 
by Henry W. Miller and Robert 
W. Haywood, principal 710 67, 
interest 140 33, 851 00 

Balance, 37,068 08 



#177,037 05 



49 



1848. 

Aug. Cash paid James R. Dodge. Clerk 

to the Supreme Court at Morgan- 
ton, for recording and salary, 387 20 

Cash paid J. T. C. Wyatt, Marshall 
to the Supreme Court at Raleigh, 
June Term, 96 00 

Sept. Cash paid B. F. Moore, Attorney 

General 3 certificates, 60 00 

Cash paid James Iredell Reporter 
to the Supreme Court, 150 00 

fash paid Alexander Duckworth 
Marshall, Reporter to Supreme 
Court at Morganton, 54 00 

Cash paid Henry D. Turner for 
stationary and books, for the use 
of Supreme Court, 16 40 

Cash paid Thomas S. Ashe, Solici- 
tor, 3 certificates, (50 00 

Cash paid Seaton Gales, Editor of 
the Register, for printing, publish- 
ing, and distributing Supreme 
Court Reports for June Term 
1848, also for extra copies for new 
Counties and State Library, 396 84 

Oct. Cash paid Hon. Thomas Ruffin, Chief 

Justice, his 3 quarter salary 625 00 

Cash paid Hon. Fred. Nash, Judge 
his 3 quarter salary, 625 00 

Cash paid, W. H. Battle, Judge 
his 3 quarter salary, 625 00 

Cash paid J. F. Poindexter So- 
licitor 5 certificates, 100 00 
Cash paid H. C. Jones, Solicitor, 3 
certificates 60 00 



50 



1848 

Oct. Cash paid B. F. Moore, Attorney 

General, 3 certificates, 60 00 



Amount, $26,367 56 



RECAPITULATION OF RECEIPTS. 

Principal on Bonds transferred from 
the Literary Board, 16,546 85 

Interest do. do. 1,947 60 

Interest on Wilmington and Ral- 
eigh Rail Road Bonds, 3,000 00 

Bank' dividends, Bank Cape Fear 
unappropriated stock, 60,00 

Bank dividends, Bank Cape Fear 
Internal Improvement, 672 00 

Bank Tax, Newbern, on individuals 
shares of stock, 562 50 

Bank Tax, Commercial Bank Wil- 
mington, Shares of stock, 455 75 

Christopher's and Smith's Bond, 120 24 

Cherokee Bonds, transferred, 19,571 22 

Principal on Bonds due Internal 
Improvement Board, transferred, 1,509 17 

Interest on Bonds due Internal Im- 
provement Board, transferred, 101 99 

Buncombe Turn Pike Company, 
(dividends,) 550 00 

Attorney's License, 590 00 

Public Tax received from sheriffs, 
(due for 1847.) S9,644 40 



51 



Green Hill, Superintendant Sale of 
old articles belonging to the State, 5 00 

Bank Tax, Bank State, on Individ- 
ual stock, 2,243 25 

Bank Tax, Bank Cape Fear, on In- 
dividual stock, 2,389 00 



$139,968 97 



RECAPITULATION OF DISBURSEMENTS. 

Interest on Raleigh and Gaston 

Rail Road Bonds, $45,360 00 

Judiciary, 26,367 56 

Fund for Internal Improvements, 3 00 

Public Library, 67 62 

Post Office. 144 12 

Pensioners, 200 00 

State Capitol, 48 30 

Governor's House, 463 73 

Public Printing, 607 12 

Capitol Square, 7,578 00 

Principal on Raleigh and Gaston 

Rail Road Bonds, 30 000 00 

Mexican War, 10 00 

Interest on State Loan, 5,400 00 

Executive Department, 2,300 00 

Treasury Department, 2,000 000 

State Department, S00 00 

Comptroller's Department, 1,000 00 

Adjutant General's Office, 200 00 



52 

Superintendant Public Buildings, 

State Librarian, 

Council of State, 

Stationary, 

Contingencies, 

Sheriffs for settling Public Tax, 
Sheriffs for settling Governor's 

Election, 
Sheriffs for settling Senetorial 

Elections, 
Sheriffs for settling Congressional 

Elections, 
Interest transferred from Literary 

Board, 
Add balance due Public Treasury 

1st. Nov. 1347 



260 


00 


150 


00 


320 


80 


113 


87 


1,400 


99 


1,2S4 57 


1,220 


00 


211 


26 


9,50 


3,681 


16 


45,835 


45 



$177,037 05 
Deduct receipts, $139,968 97 



Balance due Pub. Treas 1st Nov. 1848, $37,068 08 



FUND FOR INTERNAL IMPROVEMENTS. 

1847 

Nov. Cash paid John W. Johnson, services 
in copying certificate surveys of 
Cherokee Lands for the use of 
Jacob Siler, agent, &c. 3 00 

3 00 



53 



PUBLIC LIBRARY. 

Cash paid James F. Taylor, Libra- 
rian, subscription to the North A- 
merican Review, 5 00 

Cash paid W. W. Morrison, to remit 
to Joseph Cogswell, being balance 
due him for Books purchased for 
State Library, 24 84 

May. Cash paid Israel James, being State 
subscription to Southern Literary 
Messenger, for the Library, 5 00 

June. Cash paid F. and J, W. Johnson for 
Law Books for the use of Supreme 
Court, 19 78 

July. Cash paid E. B. Freeman, Clerk to 
the Supreme Court, for Books for 
the Supreme Court. 8 00 

Aug. Cash paid James F. Taylor, State 
Librarian, to remit to the Editors 
of the North American Review, 5 00 

67 62 



51 



POST OFFICE. 

1S47 

Nov. Paid William White, Post Master 
at Raleigh, his postage against 
Executive Department, 12 50 

Dec. Paid William White, post master, a- 

1848 gainst Public Officers, 26 05 

Feb. Paid William White, post master, 
against Treasurer and Comptrol- 
ler's Offices, 14 76 

April. Paid William White, post master, 

against Public Officers, 21 93 

June. Paid William White, post master, 

against Public Officers, 22 14 

July. Paid William White, post master, 

against Executive Department, 7 34 

Sept. Paid William White, post master, 

against Public Officers, 39 40 






$144 12 



PENSIONERS. 
1S47 

Nov. Paid Martha Spiers, her pension 
1848 claim, 50 00 

Jan. Paid Alexander Taylor, of Craven, 

his pension claim, 50 00 

Paid Thos. Ewell, his pension claim, 50 00 

April. Paid Jacob Peacock, of Johnston 

County, his pension claim, 50 00 

$200 00 



55 

STATE CAPITOL. 
1847 
Nov. Paid William Stronach, for repairs 

about State Capitol, 9 80 

Paid Mary E. Harrison, for painting 
done by her painter in the State 
1848 Capitol, 10 00 

Oct. Paid James Puftick, for sweeping 28 

chimneys in the State Capitol, at 
SI each, 28 00 

Paid Jerrie Malone, putting in Win- 
dow Glass in the Capitol, 50 

$48 30 



GOVERNOR'S HOUSE. 

Cash paid Nunn & Jones, for re- 
covering Government House and 
sundry repairs of out houses, #c, 326 88 

Cash paid W. F. Collins, for lumber 
from his mill furnished in repairs 
about executive lot, 2 75 

Cash paid Campbell Eaton, for 
painting done at the Government 
House, 6 00 

Cash paid Mary E. Harrison paint- 
ing done by her painter at Gov- 
ernment House, 87 50 



56 



1347 

Nov. Cash paid M. B. Royster, for Car- 

penters work done at the Govern- 

1848 ment House, 38,35 

April. Cash paid Henry Patterson, for 

brick work done at the Palace, 2,25 



8463. 73 



PUBLIC PRINTING. 

1847 

Dec. Cash paid Thcs. J. Lemay, printing 

done by order ofthe Public Officers, 
as per his Kll, 30,75 

Cash paid Thomas J. Lemay, prints 
ing by order of the Treasury De- 
partment, 40,75 

Cash paid Thomas J. ^emay, print- 
ing done by the order of Secretary 
State, 27,25 

Cash paid Thomas J. Lemay, print- 
ing byorder of the Comptrollerof 
Public Accounts, 25 50 

Cash paid W. W. Holden, print- 
ing General orders, by Adjutant 
General, for Capt. Cameron, 3 00 

Cash paid Thomas J. Lemay, print- 
ing done for the State, 5 12 
1848 Cash paid Wm. W. Holden, for 
Feb. printing Comptroller's Report, 75 00 



49 



Cash paid James R. Dodge. Clerk 
to the Supreme Court at Morgan- 
ton, for recording and salary, 387 20 

Cash paid J. T. C. Wyatt, Marshall 
to the Supreme Court at Raleigh, 
June Term, 9G 00 

Cash paid B. F. Moore, Attorney 
General 3 certificates, GO 00 

Cash paid James Iredell Reporter 
to the Supreme Court, 150 00 

Cash paid Alexander Duckworth 
Marshall, Reporter to Supreme 
Court at Morganton, 54 00 

Cash paid Henry D. Turner for 
stationary and books, for the use 
of Supreme Court, 10 40 

Cash paid Thomas S. Ashe, Solici- 
tor, 3 certificates, 60 00 

Cash paid Seaton Gales, Editor of 
the Register, for printing, publish- 
ing, and distributing Supreme 

Court Reports for June Term 
1S4S, also for extra copies for new 

Counties and State Library, 396 84 

Cash paid Hon. Thomas Ruffin, Chief 

Justice, his 3 quarter salary 625 00 

Cash paid Hon. Fred. Nash, Judge 

his 3 quarter salary, 625 00 

Cash paid W. H. Battle, Judge 

his 3 quarter salary, G25 00 

Cash paid J. F. Poindexter So- 
licitor 5 certificates, 100 00 

Cash paid H, C. Jones, Solicitor, 3 

certificates 60 00 



50 



184S 

Oct. Cash paid B. F. Moore, Attorney 

Genera], 3 certificates, 60 00 



Amount, $26,367 56 



RECAPITULATION OF RECEIPTS. 

Principal on Bonds transferred from 
the Literary Board, 16,546 85 

Interest do. do. 1,947 60 

Interest on Wilmington and Ral- 
eigh Rail Road Bonds, 3,000 00 

Bank' dividends, Bank Cape Fear 
unappropriated stock, 60,00 

Bank dividends, Bank Cape Fear 
Internal Improvement, 672 00 

Bank Tax, Newbern, on individuals 
shares of stock, 562 50 

Bank Tax, Commercial Bank Wil- 
mington, Shares of stock, 455 75 

Christopher's and Smith's Bond, 120 24 

Cherokee Bonds, transferred, 19,571 22 

Principal on Bonds due Internal 
Improvement Board, transferred, 1,509 17 

Interest on Bonds due Internal Im- 
provement Board, transferred, 101 99 

Buncombe Turn Pike Company, 
(dividends,) 550 00 

Attorney's License, 590 00 

Public Tax received from sheriffs, 
(due for 1847,) 89,644 40 



54 



Green Hill, Superintendant Sale of 
old articles belonging to the State, 5 00 

Bank Tax, Bank State, on Individ- 
ual stock, 2,243 25 

Bank Tax, Bank Cape Fear, on In- 
dividual stock, 2,389 00 



SI 39,968 97 



RECAPITULATION OF DISBURSEMENTS. 



Interest on Raleigh and 


Gaston 




Rail Road Bonds, 




$45,360 00 


Judiciary, 




26,367 56 


Fund for Internal Improvements, 


3 00 


Public Library, 




67 62 


Post Office. 




144 12 


Pensioners, 




200 00 


State Capitol, 




48 30 


Governor's House, 




463 73 


Public Printing, 




607 12 


Capitol Square, 




7,578 00 


Principal on Raleigh and Gaston 




Rail Road Bands, 




30 000 00 


Mexican War, 




10 00 


Interest on State Loan, 




5,400 00 


Executive Department, 




2,300 00 


Treasury Department, 




2,000 000 


State Department, 




800 00 


Comptroller's Department, 




1,000 00 


Adjutant General's Office, 




200 00 



52 



Superintendant Public Buildings, 


260 00 


State Librarian, 


150 00 


Council of State, 


320 80 


Stationary, 


113 87 


Contingencies, 


1,400 99 


Sheriffs for settling Public Tax, 


1,284 57 


Sheriffs for settling Governor's 




Election, 


1,220 00 


Sheriffs for settling Senetorial 




Elections, 


211 26 


Sheriffs for settling Congressional 




Elections, 


9,50 


Interest transferred from Literary 




Board, 


3,681 16 


Add balance due Public Treasury 




1st. Nov. 1847 


45,835 45 


$177,037 05 


Deduct receipts, $139,968 97 



Balance due Pub. Treas 1st Nov. 1848, $37,068 08 



FUND FOR INTERNAL IMPROVEMENTS. 

1847 

Nov. Cash paid John W. Johnson, services 
in copying certificate surveys of 
Cherokee Lands for the use of 
Jacob Siler, agent, &c. 3 00 

3 00 



53 



PUBLIC LIBRARY. 

1847 

Nov. Cash paid James F. Taylor, Libra- 
rian, subscription to the North A- 

1848 merican Review, 5 00 

Jan. Cash paid W. W. Morrison, to remit 

to Joseph Cogswell, being balance 
due him for Books purchased for 
State Library, 24 84 

May. Cash paid Israel James, being State 
• subscription to Southern Literary 
Messenger, for the Library, 5 00 

June. Cash paid F. and J. W. Johnson for 
Law Books for the use of Supreme 
Court, 19 76 

July. Cash paid E. B. Freeman, Clerk to 
the Supreme Court, for Books for 
the Supreme Court. 8 00 

Aug. Cash paid James F. Taylor, State 
Librarian, to remit to the Editors 
of the North American Review, 5 00 

67 62 



54 



POST OFFICE. 

1847 

Nov. Paid William White, Post Master 
at Raleigh, his postage against 
Executive Department, 12 50 

Dec. Paid William White, post master, a- 

1848 gainst Public Officers, 26 05 

Feb. Paid William White, post master, 
against Treasurer and Comptrol- 
ler's Offices, 14 76 

April. Paid William White, post master, 

against Public Officers, 21 93 

June. Paid William White, post master, 

against Public Officers, 22 14 

July. Paid William White, post master, 

against Executive Department, 7 34 

Sept. Paid William White, post master, 

against Public Officers, 39 40 

$144 12 



PENSIONERS. 
1847 

Nov. Taid Martha Spiers, her pension 
1848 claim, 50 00 

Jan. Paid Alexander Taylor, of Craven. 

his pension claim, 50 00 

Paid Thos. Ewell, his pension claim, 50 00 

April. Paid Jacob Peacock, of Johnston 

County, his pension claim, 50 00 

#200 00 



55 



STATE CAPITOL. 

1847 

Nov. Paid William Stronaoli, for repairs 

about State Capitol, 9 80 

Paid Mary E. Harrison, for painting 
done by her painter in the State 

1848 Capitol, 10 00 

Oct. Paid James Puttick, for sweeping £8 

chimneys in the State Capitol, at 
Si each, 28 00 

Paid Jerrie Malone, putting in Win- 
dow Glass in the Capitol, 50 

$4S 30 



GOVERNOR'S HOUSE. 
1847 

Nov. Cash paid Nunn & Jones, for re- 

covering Government House and 
sundry repairs of out houses, #c, 30Q 88 

Cash paid W. F. Collins, for lumber 
from his mill furnished in repairs 
about executive lot, 2 75 

Cash paid Campbell Eaton, for 
painting done at the Government 
House, 6 00 

Cash paid Mary E. Harrison paint- 
ing done by her painter at Gov- 
ernment House, 87 50 



56 



1847 

Nov. Cash paid M. B. Royster, for Car- 

penters work done at the Govern • 

1848 ment House, 38,35 

April. Cash paid Henry Patterson, for 

brick work done at the Palace, 2,25 



$463 73 



PUBLIC PRINTING. 
1817 
Dec. Cash paid Thos. J. Lemay, printing 

done by order of the Public Officers, 

as per his bill, 30,75 

Cash paid Thomas J. Lemay, print- 
ing by order of the Treasury De- 
partment, 40,75 

Cash paid Thomas J. Lemay, print- 
ing done by the order of Secretary 
State, 27,25 

Cash paid Thomas J. Lemay, print- 
ing byorder of the Comptroller of 
Public Accounts, 25 50 

Cash paid W. W. Holden, print- 
ing General orders, by Adjutant 
General, for Capt. Cameron, 3 00 

Cash paid Thomas J. Lemay, print- 
ing done for the State, 5 12 
184S Cash paid Wm. W. Holden, for 
Feb. printing Comptroller's Report, 75 00 



57 



1848 

May. Cash paid Weston R. Gales, for 

printing done for the Comptroller's 
Treasurer's & Adjutant General's 
Office, . 256 50 

July. Cash paid Weston R. Gales, print- 

ing done for Executive office, 127 25 

Oct. Cash paid W. W. Holden, Editor of 

the Standard, printing done for 
Treasury Department, 1(5 25 

$607 12 



CAPITOL SQUARE. 

1S47. 

Dec. Cash paid Burns and Stronach, con- 

tractors for enclosing Capitol 

1848 Square, 2,500 00 

May. Cash paid Burns and Sronach con- 

tractors for enclosing Capitol 
Square, 1,500 00 

July. Cash paid Burns and Stronach, 
contractors for enclosing Capitol 
Squai;e, 3)0 00 00 

Oct. Cash paid John R. Harrison, for 

work done on the Capitol Square 
in grading &c. 578 00 

$7 578 00 



58 



PRINCIPAL ON RALEIGH AND GASTON RAIL 
ROAD BONDS. 

184S. 

Jan. Cash paid Eth'l Crowder's Bond, 

No. 161, 1,000 00 

Cash paid Eth'l Crowder's Bond, 
No. 162, 1,000 00 

Cash paid Bazel Gorden's Bond, 
No. 95, 1,000 00 

Cash paid Bazel Gorden's Bond, 
No. 97, 1,000 00 

Cash paid Bazel Gorden's Bond, 
No. 99, 1,000 00 

Cash paid Bazel Gorden's Bond, 
No. 210, 1,000 00 

Cash paid John Buffaloe's Bond, 
No. 378, 7,000 00 

Cash paid Thomas Ruffin's Bond, 

No. 371, 1,000 00 

Cash paid George Mcintosh's Bond, 

No. 351, 1,000 00 

Cash paid Sarah Bruce's Bond, No. 

312, 2,000 00 

Cash paid John Hinton's Bond, No. 

145, 1,000 00 

Cash paid Mary McLean Bryan's 

Bond, No. 149, 1,000 00 

Cash paid Louis D. Henry's Bond, 

No. 163, 1,000 00 

Cash paid John V. Wilcox's Bond, 

No. 181, 5,000 00 

Cash paid John V. Wilcox's Bond, 

No. 216, 1,000 00 

Cash paid Alfred Jones' Bond, No. 

102, 1,500 00 



59 



1848 

Feb. Cash paid William Boylan's Bond, 

No. 133, 1,500 00 

Cash paid Stephen G. Wills' Bond 
No. 374, 1,000 00 



$30,000 00 



1848 MEXICAN WAR. 

Jan. Cash paid James Hall, for provision 
furnished Capt. Cameron's Com- 
pany of Volunteers, for the war 
with Mexico, 10 00 



1848 INTEREST ON STATE LOAN. 

Jan. Cash paid William H. Jones, Cashier 
of the Bank of Cape Fear, being 
interest on a loan of ninety thou- 
sand dollars for six months, grant- 
ed the State by the Cape Fear 
Bank, 2,700 00 

July. Cash paid William H. Jones, Cashier 
of the Bank of Cape Fear, being 
interest on State Loan of ninety 
thousand dollars, 2,700 00 

$5,400 00 



60 



EXECUTIVE DEPARTMENT. 

1848 

Jan. Cash paid Gov. Graham, his 4th quar- 

ter salary, 1S47, 500 00 

Cash paid W. W. Morrrison private 

Secretar} r , his 4th quarter salary, 75 00 

April. Cash paid Gov. Graham, his 1st 

quarter salary, 1848, 500 00 

Cash paid W. W. Morrison, private 

Secretary, his 1st quarter salary, 75 00 

July. Cash paid Gov. Graham, his 2nd 

quarter, 1S48, 500 00 

Cash paid W. W. Morrison, his 2nd 
quarter salary as private Secre- 
tary, 75 00 

Oct. Cash paid Gov. Graham, his 3rd 

quarter salary, 1848, 500 00 

Cash paid W. W. Morrison, his 3rd 
quarter salary ; as Private Secre- 
tary, 75 00 

$2,300 00 



1S4S TREASURY DEPARTMENT. 

Jan. Cash paid C. L. Hinton, Public Trea- 

surer, his 4th quarter salary, 1847, 375 00 
Cash paid S. Birdsall, Clerk to Trea- 
surer, his 4th quarter salary, 1S47, 125 00 

April. Cash paid C. L. Hinton, Public Trea- 
surer, his 1st quarter salary, 1S48, 375 00 



61 



1847 

April. Cash paid S. Birdsall, Clerk to Trea- 
surer, his 1st quarter salary, 1S48, 125 CO 

July. Cash paid C. L. Hinton, Public Trea- 
surer, his 2d quarter salary, 1 848, 375 00 
Cash paid S. Birdsall, Clerk to Trea- 
surer, his 2d quarter salary, 184S, 125 00 

Oct. Cash paid C. L. Hinton, Public Trea- 

surer, his 3rd quarter salary, 1848 375 00 

Cash paid S. Birdsall, Clerk to Trea- 
surer, his 3d quarter salary, 1S48, 125 00 



$2,000 00 



STATE DEPARTMENT. 

1848 

Jan. Paid Wm. Hill, Secretary of State, 

his 4th quarter salary, 1847, 200 00 

April. Paid Wm. Hill, Secretary of State, 

his 1st quarter salary, 1848, 200 00 

July. Paid Wm. Hill, Secretary of State, 

his 2nd quarter salary, 1848, 200 00 

Oct. Paid Wm. Hill, Secretary of State, 

his 3rd quarter salary, 1S48, 200 00 

$800 00 



62 



COMPTROLLER'S DEPARTMENT. 

1848. 

Jan. Cash paid Win. F. Collins, Comp- 

troller Public Accounts, his 4 
quarter salary, 1847, 250 00 

April. Cash paid W. F. Collins, Comp- 
troller Public Accounts his 1 
quarter salary, 1848, 250 00 

July. Cash paid Wm. F. Collins, Comp- 

troller Public Accounts, his 2 quar- 
ter salary, 1848, 250 00 

Oct. Cash paid Wm. F. Collins, Comp- 

troller Public Accounts, his 3 
quarter salary, 1848, 250 00 



$1000 00 



ADJUTANT GENERAL'S OFFICE. 
184S 
Jan. Cash paid Robert W. Haywood, 

Adjutant General, his half year 

salary, 1847, 100 00 

July. Cash paid Robert W. Haywood, 

Adjutant General, his half year 

salary, 1848, 




63 



SUPERINTENDANT PUBLIC BUILDINGS. 

1848. 

Jan. Cash paid Green Hill, Superinten- 

dant, his 4th quarter salary, 1847, 65 00 

Cash paid Green Hill, Superinten- 
dant, his 1st quarter salary, 1848, 65 00 

Cash paid Green Hill, Superinten- 

dant, his 2nd quarter salary, 1848, 65 00 
Cash paid Green Hill, Superinten- 
dant his 3rd quarter salary, 1848, 65 00 



$260 00 



STATE LIBRARIAN. 

Cash paid James F. Taylor, Libra- 
rian, his 2nd quarter salary, 1847, 75 00 

Cash paid James F* Taylor, Libra- 
rian, his 3rd quarter salary, 1847, 75 00 



$150 00 



COUNCIL OF STATE. 
Cash paid W. W. Morrison, private 
Secretary to Governor Graham, 
to pay expenses of the State Coun- 
cil convened by Governor Gra- 
ham, 137 80 
Cash paid W. W. Morrison, Clerk 
to the Council, to pay expenses of 
the Council at the call of the Gov- 
ernor, 183 00 

£320 80 



64 



STATIONARY. 

1848. 

April. Cash paid "William Hill, Secretary 
of State, being amount of Bill of 
Stationary, 64 14 

June. Cash paid H. D, Turner, his account 

against the State for Stationary, 49 73 



iil3 87 



CONTINGENCIES. 

1847 

Nov. . Paid Palmer &, Ramsey, Jeweller's, 
for making new Seal for Alexander 
County, 12 50 

Paid Wm. Hill, Secretary of State, 
copying Laws to be used in State's 
prosecution, 8 60 

Dec. Paid J. H. DeCarteret, for binding 
82 copies of Supreme Court Re- 
ports, and sundry other publica- 
tions, 98 15 
Cash paid Mrs. Jane L. Johnson, 
for one hundred and forty-seven 
cords of wood, furnished the Pub- 

1848. lie Offices at $1,50 per cord, 220 50 

Jan. Cash paid William Chavis, amount 

due by contract for keeping in re- 
pairs the Government pump in the 
City of Raleigh, 62 00 



65 



1848. 

Jan. Cash paid W. W. Morrison, amount 

of servant hire for Executive of- 
fice, 4S 00 
Cash paid Ruffin Tucker fordrayage 
done for Executive office, 1 SO 
Feb. Cash paid Charles Manly, amount 
of fees for professional services 
rendered the State, 230 00 
Mar. Cash paid Mrs. Johnson, for 2 If 

cords of wood at 1 50 32 62 

Cash paid Win. Hil!, Secretary of 
State, for sundry Laws of Virginia, 
copied for the use ot Jno. F. Poin- 
dexter, Solicitor, 26 70 

April. Cash paid F. M. Hubbard, part com- 
pensation for copying and arrang- 
ing the Letters of Governor Cas- 
well, as ordered by Resolution of 
the General Assembly, 175 00 

Cash paid Robt. W. Haywood, Ad- 
jutant General, for Mr. Holton, for 
advertising Notice of Military 
Rendezvous at Charlotte, N. C, 1 50 

May. Cash paid Joshua Allen, moving 

earth from the new Gates, 1 00 

Cash paid John Syme, Editor of Pe- 
tersburg Intelligencer, for publish- 
ing Notice to absentees in suit 
of the Attorney General against 
the Stockholders and Bondsmen of 
the Raleigh and Gaston Rail Road 
Company, 21 00' 

June. Cash paid Joshua Allen, for moving 
dirt from front of one of the Gates 
around Union Square, 50 



66 



1848 

June. Cash paid George Smith, for arrest- 
ing and carrying to Haifax Jail 
from Petersburg, Va., Jno. Brown, 
charged with the crime of murder, 50 00 

July. Cash paid F. M. Hubbard, balance 
for arranging and copying the pa- 
pers of Gov. Caswell to complete 
the Letter Books of the Executive 
Office, 100 00 

Cash paid Wm. Hill, Secretary of 
State, for copying 3 Laws of South 
Carolina, to be used by H. C. Jones, 
Solicitor, in State's prosecution, 15 90 

Cash paid William Hill, Seretary of 
State, postage account paid by 
him for the State, 
Cash paidNunn &' Jones, putting up 

Shelves in Executive Office, 
Cash paid Gaines, Riches & Co. for 
Record Books ordered by the Sec- 
retary of State, 

Sept. Cash paid as premium on protest 

concerning Sale of Weldon Bridge, 
Cash paid William Chavis, clean- 
sing out the wells at the Gover- 
nor's House and at the Capitol, 6 00 

Oct. Cash paid William Hill, Secretary 

of State, for copying Laws for So- 
licitor Poindexter, 
Cash paid Charles Manly, Attor- 
ney Fees in State cases, 
Cash paid Robert W. Brown, keep- 
er of Arms at Wilmington, 
Cash paid D. G. McRae, keeper of 
Public Arms at Fayetteville, 



2 


80 


90 


oo 


32 


00 


3 


55 



35 


SO 


20 


00 


12 


50 


93 


07 


$1,400 


99 



67 



SHERIFF'S FOR SETTLING PUBLIC TAXES. 
184S. 



Sept. 



of Rowan Cc 


mnty, 


15 00 


Union, 


do 


18 40 


Caswell 


do 


9 50 


Randolph, 


do 


12 00 


Chatham 


do 


6 30 


Greene 


do 


9 90 


Mecklenburg do 


19 00 


Anson 


do 


16 80 


Henderson 


do 


33 00 


Macon 


do 


35 00 


Polk 


do 


30 50 


Haywood 


do 


33 00 


Yancy 


do 


29 50 


Buncombe 


do 


31 00 


Wayne 


do 


8 50 


Columbus 


do 


15 8 


Catawba 


do 


20 00 


Davidson 


do 


14 30 


Warren 


do 


7 40 


Gates 


do 


21 30 


Montgomery do 


14 50 


Rockingham do 


10 00 


Iredell 


do 


19 50 


Lenoir 


do 


11 00 


Cabarrus 


do 


17 00 


Brunswick 


do 


19 70 


Bladen 


do 


12 00 


Guilford 


do 


11 00 


Davie 


do 


18 00 


Pasquotank 


do 


23 00 


Robeson 


do 


13 20 


Hertford 


do 


15 00 


Halifax 


do 


11 00 


Onslow 


do 


14 80 


Moore 


do 


8 80 


Lincoln 


do 


20 50 



68 



1848 








Sept. 


Paid Sheriff of Cumberland County, 


9 40 




Washington do 


18 00 




Edgecombe 


do 


S 70 




Cleaveland 


do 


23 00 




Rutherford 


do 


25 00 




Alexander 


do 


21 00 




Caldwell 


do 


23 00 




Richmond 


do 


13 00 




Northamptoi 


udo 


14 70 




Gates 


do 


19 00 




Nash 


do 


7 50 




Perquimons 


do 


22 00 




NewHanover do 


16 00 




Stokes 


do 


15 00 




Jones 


do 


15 15 




Camden 


do 


25 12 




Currituck 


do 


25 00 




Burke 


do 


24 50 




McDowell 


do 


27 50 




Franklin 


do 


6 00 




Sampson 


do 


9 50 




Ashe 


do 


26 00 




Wilkes 


do 


22 30 




Granville 


do 


7 50 




Beaufort 


do 


15 00 




Hyde 


do 


25 00 




Tyrrell 


do 


23 00 




Person 


do 


S 00 




Bertie 


do 


14 50 




Martin 


do 


12 80 




Chowan 


do 


24 00 




Stanly 


do 


16 40 




Pitt 


do 


12 50 




Carteret 


do 


19 00 




Orange 


do 


6 60 




Johnston 


do 


5 60 



69 



1848 

Sept. Paid Sheriff' of Duplin County, 
Surry do 

Wake do 

Oct. Craven do 



11 


50 


19 


00 


4 


00 


15 


00 



1,284 57 



1848 GOVERNOR'S ELECTIOxM. 

Aug. Paid Sheriff of Surry County, 



Sept. 



Wilkes 


do 


Rowan 


do 


Caswell 


do 


Randolph 


do 


Chatham 


do 


Greene 


do 


Mecklenburg do 


Anson 


do 


Macon 


do 


Polk 


do 


Yancy 


do 


Buncombe 


do 


Wayne 


do 


Columbus 


do 


Stokes 


do 


Haywood 


do 


Henderson 


do 


Davidson 


do 


Warren 


d 


Montgomery 


do 


Rockingham 


do 


Iredell 


do 


Cabarrus 


do 


Lenoir 


do 


Brunswick 


do 


Bladen 


do 



20 00 
24 00 
16 00 
12 00 
12 00 

8 00 
10 00 
22 00 
18 00 
40 00 
34 00 
34 00 
32 00 
10 00 
16 00 
16 00 
36 00 
36 00 
16 00 

8 00 
16 00 
12 00 
20 00 
20 00 
12 00 
16 00 
12 00 



70 



1848 

Sept. Paid Sheriff of Guilford County, 12 00 

16 00 
20 00 
14 00 
18 00 
10 00 
24 00 
16 00 
10 00 
8 00 
18 00 
12 00 
24 00 
26 00 
24 00 
24 00 
16 00 
16 00 
8 00 
18 00 
16 00 
16 00 
22 00 
22 00 
24 00 
8 00 
10 00 
24 00 
6 00 
14 00 
20 00 
20 00 
12 00 
14 00 
12 00 
16 00 
16 00 



Davie 


do 


Pasquotank 


do 


Robeson 


do 


Hertford 


do 


Moore 


do 


Lincoln 


do 


Onslow 


do 


Cumberland 


do 


Halifax 


do 


Washington 


do 


Edgecombe 


do 


Cleveland 


do 


Rutherford 


do 


Alexander 


do 


Caldwell 


do 


Richmond 


do 


Gates 


do 


Nash 


do 


Perquimons 


do 


New Hanover do 


Jones 


do 


Currituck 


do 


Camden 


do 


Burke 


do 


Franklin 


do 


Sampson 


do 


Ashe 


do 


Granville 


do 


Beaufort 


do 


Hyde 


do 


Tyrrel 


do 


Person 


do 


Bertie 


do 


Martin 


do 


Chowan 


do 


Stanly 


do 






71 



1848 

Sept. Paid Sheriff of Pitt County, 


14 00 


Carteret 


do 


16 00 


Wake 


do 


4 00 


Orange 


do 


8 00 


Johnston 


do 


6 00 


Duplin 


do 


12 00 


Northampt 


on do 


1000 


Craven 


do 


16 00 




$1220 00 


. 




w 


SENATORIAL ELECTIONS. 




Paid Sheriff of Rowan County, 


4 00 


Greene 


do 


3 50 


Henderson 


do 


6 25 


Macon 


do 


2 50 


Haywood 


do 


6 45 


Yancy 


do 


11 66 


Buncombe 


do 


4 10 


Columbus 


do 


S 50 


Cabarrus 


do 


4 00 


Lenoir 


do 


5 33 


Brunswick 


do 


2 50 


Bladen 


do 


7 50 


Davie 


do 


4 17 


Pasquotank 


do 


4 17 


Robeson 


do 


7 50 


Moore 


do 


6 66 


Washington 


do 


8 33 


Cleveland 


do 


6 54 


Caldwell 


do 


2 50 


Richmond 


do 


5 00 


Gates 


do 


4 00 


Perquimons 


do 


4 16 


Jones 


do 


10 00 



72 



Paid Sheriff of Camden County, 


3 75 


Currituck do 


4 58 


Burke do 


5 16 


Ashe do 


9 83 


Wilkes do 


6 66 


Beaufort do 


8 50 


Hyde do 


10 60 


Tyrrel do 


6 16 


Chowan do 


6 16 


Stanly do 


6 16 


Carteret do 


7 66 


Surry do 


6 66 




$211 26 



CONGRESSIONAL ELECTIONS. 
1848. 
Sept. Paid Sheriff of Jatawba County, 



9 50 



$9 50 



NTEREST TRANSFERRED FROM LITERARY 
BOARD- 
Cash paid Governor Graham, Presi- 
dent ex-officio Literary Board, as 
Interest transferred from the Lit- 
erary Fund by Act of the Legisla- 
ture at its Session of 1846 & '47, $3,681 16 



The foregoing statements are founded upon vouchers 
filed in the Comptroller's Office, 1st. Nov. 1848. 

WM. F. COLLINS, 

Comvtroller, P. A, 






A STATEMENT OF THE REVENUE OF NORTH CAROLINA. 



iSMTMBKI of Ilic.ViUuiountof limi branch of llic Revenue wliiili is receivable by Ilie Sheriffs and paid into the fublie Treasury in ISIS for the Tales of 1S17, 



orsrics. -« 



A Si, T . 



I of that branch of Revenue rehteh it derived from Sales 
»''<//.. BciAs of ike Stole, at a Tot. of 25 i 



:ivi-l,ai,d 



f>I 



George P. Boggan 
: Watts 
s Edwin C. Barlletl 

Lesesne 
Mjatiiea 11. Alien 
7|Pietce Roberta 
6'Alexander Duckwortl 
y'j..h.i Freeman 
lOlA. H. ShuTon! 
11 John fiarmaa 
1_>C. N. While 
lsJohn Iv. Brooks 
14 Jno. 11. Dvche, 

Williamson, 
Blanton 
17 ITiomas S. Hoskii.s 
|.Si„„ t l B. Dozier 

P. Dail» 
jflW. L. BiiUew 
I Alexander Job 
asfceorgeDill 
aaJFraucn J. Prei 
21 Jeremiah Ad- , 
5 l Edwurd E. I( u , 
r, William B. m, 
William b. Pel 
Wash. I|„ tls 
n ' n '.'A.S»™ 
Be "Jlin.n Morris 
Joftph H. Goocli 
''■'omas Reddick 
. A. Winbome 
jJno.B. Allison 
Ij.i Joseph Li 



cklenburg 



W. Brickell 
37 A liner J. Perry 
:;- Poos. R. Gibbs 

39 Jas. A. Turnell 
4fJjWilliam S. Mi 
41 Jno. S. Knonce 

12 Richard W.King 

13 Hen]. S. Johnson 
A. S. Mooring 

N. Alexandi 
J46|E. Dowdle 
nlgomery 47|Aaron H. Sanders 



:Dowell 



1- 



R. \V 
49|john N. Curtis 
ouiNeversnn W.Cooper 

n Fennell 
,52[tlenry Spivey 
58 W. li llomphrey 
l5,|ja«. C. Turrentine 
Jno. M. Winston 
hua A. Poole 
Willis Bagiy 
Pulaski Williams 
Benjamin M. Selby 



h And 
I C. Edward; 
R. B. Gregory 
" Buchanan 
M. O. Dickerson 
Caleb Klutts 

B. Chesnutt 
John G. 11,11 

1 W. Davis 
Henry G. llainpl. 



Wjordan L. J 
171 






iVashington I7T 
Wake p 

i'ancy |7 



Darling Rushing 
J7SOHinCnor 
Joseph S. Jones 
Ij. T, Dyer 

s Latham 

Charles Baker 



Retcuvs ron 1846, 
1847 and 1848. 
I 1ID. A.Sogg 



Na.h 
Nash 
Rowan 




I'l.rl 


on, 




1.4Q0 9H 
1,984 57 

],22U no 
■Jl\ 20 




,i i: 

Lil«r 


t Nnv. 1 

Tronsur 

lom L.Ii- 


gt Nov. 1 

r, Ul No 

ary FuuJ 


9 50 
3,681 16 
45,835 45 

Vtii.-'IS o 


177,037 05 
I39.9GS 97 


•nblii 


37,068 OS 


!.■; 1 


c Tmiii 


•f, 1st 


37.068 OS 




Publ 







Nell Amount of Public Tax for 1847, 
Deduct Tax on Retailors of Spirits, belonging to Literary Fund, 

Nelt Amount Public Tax, 



Vouchers and Retnrni 



WM. F. COLLINS, Comptroller. 



jS;i,611 10 889,64. 



EXECUTIVE DOCUMENT, NO. ». 



REPORT 



PUBLIC TREASURER, 






STATE OF THE FINANCES 



NORTH CAROLINA, 



TRANSMITTED TO THE LEGISLATURE, 



ACCORDING TO ACT OF ASSEMBLY. 



"»; 



♦ 



RALEIGH ; 

SEATON GALES, PRINTER FOR THE STATE, 
1 848, 






. 






Treasury Otfice, ) 
Nov. 28, 1848: \ 
SIR: 

I have the honor herewith to transmit to you, to be laid 
before the General Assembly, a Report prepared in obedience 
to an act of Assembly, entitled an Act concerning the Treasurer 
of the State. I have the honor to be, 

With very great respect, 
Your ob't servant, 

C. L. HINTON, Pub. Treas. 
Hon. R. B. Gilliam, 

Speaker of the House of Commons. 






8 b S' « 



REPORT. 






TREASURY DEPARTMENT, 

Nov., 1848. 

To the Honorable, 

The General Assembly of the State of North Carolina: 
The Public Treasurer, in obedience to an Act of the Legisla- 
ture, passed in 1827,entitled an Act concerning the Public Trea- 
surer, respectfully submits the following Report: 

1.— PUBLIC REVENUE AND EXPENDITURES. 

Receipts of the Public Treasurer, from the I si of Nov. 
1846, to the 1st. of Nov. 1848. 

1846. 

Nov. Cash received of the Bank of Cape Fear 
dividend No. 74, of 3 per cent, on 10 
shares of Stock, in the Bank of Cape 
Fear, $30 00 

" Bank of the State as tax on Stock held 
by individuals in the Bank of the State 
of N. C, 2,243 25 

Dec. " J. Roberts, Treasurer, amount of divi- 
dends due on stock held by the State in 
the Buncombe Turnpike Company, 3,129 14 

1847. 

Jany. Amount borrowed of the Bank of Cape 
Fear, as per Resolution of General As- 
sembly, 40,000 00 
Semi-annual Interest due the Literary 
Board on Bonds of the Wilmington and 
Raleigh Rail Road Company, 1,500 00 

Feby. Amount of Piincipal and Interest on 
Bonds due the Literary Board, and trans- 
ferred to the Public Treasurer, as per 
Act of the Legislature. 2,388 67 



". 



75,839 84 


5,108 87 


4,000 00 


37 00 


2,638 24 


120 30 


30 00 



Mc'h. Cash received, being amount transferred 
from Fund for Internal Improvements, 
being the balance due said Fund, 1st 
day of March, 1847, transferred by Act 
of the General Assembly, 
Cash received Jacob Siler, agent, amount 
collected on Cherokee Bonds, 
On Thomas L. Cowan's note due the 
Literary Board, 
Reuben Deavar's note due Lit. Board, 

April. Cash received of C. Manly, (Attorney,) 
amount collected on sundry notes due 
Literary Board, 

Green Hill for sundry articles sold by 
order of tne Legislature, 

May. Dividend 75 of 3 per cent, on 10 shares 
of Stock in Bank of Cape Fear, 
On 112 shares of Stock in Bank of Cape 
Fear, and transferred from the Board of 
Internal Improvement, 336 00 

Cash received of Gov. Graham, Presi- 
dent ex-ofticio of the Board of Internal 
Improvement as Interest on notes due 
said Board and transferred, 306 00 

Received of T. L. Cowan, in part of note 
due Literary Board, 
Do do do 

June. Do ballance do 

Received of C. Manly, (Attorn'y,) am't 
collected on bonds due Literary Board, 
and transferred, 

Battle & Brothers amount on bonds due 
the Board of Internal Improvement. 

July. Cash received of Jacob Siler, agent, am't 
collected on Cherokee bonds, 
E. B. Freeman, Clerk of Supreme Court, 
being tax collected on Attor. Licence, 
Rec'd Sh'ffof Catawba for public tax, 

Aug. Cash received semi-annual interest on 
$50,000 of the Wilmington and Raleigh 
Rail' Road bonds held bv the Statte, 1,500 00 



3,500 


00 


5,000 


00 


3,981 


64 


569 


25 


5,079 


26 


2,000 


00 


160 


00 


814 55 



Aug. Merchants Bank of Newbern, as tax on 
each individual share of Stock held by- 
individuals in snid Bank. 562 50 
Received of E. B. Freeman, Clerk of 
the Supreme Court as tax on Attorney 
Licence, 10 00 
Public Tax collected by Sheriffs, 7,589 63 

Sept. Do do do 73,150 38 

Additional returns of public tax for 1845, 157 90 

W. W. Beattie in part of bond due Lite- 
rary Board, 807 22 
C. Manly, Attorney, amount collected 
en bonds due thelnternal Improvement 
Board, transferred to Public Treasury. 356 02 
Tax of 25cts per share on 8973 shares of 
stock held by individuals in the Bank 
of the State, 2,243 25 
Tax of 25cts per share on 9556 shares 
of stock held by individuals in the Bank 
of Cape Fear, 2,389 00 
Received of J. R. Dodge, Clerk of the 
Supreme Court atMorganton, as tax on 
Attor. Licence, 150 

Oct. Jacob Siler, agent, amount collected on 

Cherokee bonds. 3,958 00 

Additional returns for public tax for '46, 18 72 

GreenHill for Shingles sold from Gover- 
nor's House, 12 00 

Not. Received of C. Manly, Attorney, am'nt 
of note collected and due Literary Board 
by W. & A. Stith and others, 348 40 

Do. amount of note due Literary Board 
by W. F. Clark and others, 465 20 

Bank of Cape Fear for Dividend No.76 
of 3 per cent, on 122 shares of Stock, 366 00 

Dec. Jacob Siler, agent, money collected on 

Cherokee bonds, 1,205 89 

1848 

Jan'y. Received of J. Roberts, dividend of 11 
per cent, on 5000 shares of Stock in the 



Jan. Buncombe Turnpike Company, held by 

the State, 550 00 

W. H. Jones six months interest $50, 
000 of Bonds of the Wilmington and R. 
R. Road, 1500 00 

C. Manly, Attorn'y, amount of note of 
J. H. Hill and others dne fund for In- 
ternal Improvement, 
Amount of Judgment, the State against 
J. J. Christophers aud E. Smith, 
XV. H. Beattie in part of note due Lite- 
rary Board, 

C. Manly, Attorney, amount of Note 
due Literary Board by D. A. Hemming, 
Do. amount of Note of A. D. Moore &. 
others, due Literary Board, 
Do. amount of note J. Moore and others 
due Literary Board, 
Do. amount of Note of J. Swann and 
others due Literary Board, 
E. B. Freeman, Clerk of SupremeCourt 
for Attorney Licence, 
Green Hill for old Tin, 

Feb'y. Received of Jacob Siler, agent, money 
collected on preemption sales of Chero- 
kee Lands 

C. Manly, Attorney, amount of Note of 
R. Deaver and others due Lit. Board, 

Mch. W. H. Beattie, balance of Note due 
Literary Board, 

Ap'l. J. Siler, agent, amount collected on 
Cherokee bonds, 

C. Manly, Attorney, in part of W. Bar- 
bee's Note due Lit. Board, 

May. Received of Bank of Cape Fear, Divi- 
dend No. 77 of 3 per cent on 122 shares 
of Stock, 366 0.1 

J. C. Turrentinc, Sheriff of Orange, 
amount collected of Jane Craig on exe- 
cution in favor of President and Direc- 
tors of Fund of Internal Improvement, 214 00 



1,033 91 


120 


24 


3,469 


40 


665 00 


874 


10 


1,007 


17 


1,053 


14 


270 00 
5 00 


9,731 


50 


2,620 


06 


918 68 


3,513 


61 


2.500 00 



May. Do. amount of execution in favor of the 

same against John M'Kerrell and others 234 50 

Do. balance of W. Barbee's Note due 
the same, 3,170 30 

J. Siler, agent, advance payment on 
Cherokee Lands. 58 22 

'June. J. Siler,agent, money collected on Che- 

rokee Bonds, 3,821 00 

July. Bank of Cape Fear, the semi-annual in- 
terest on $50,000 ot Bonds of the Wil- 
mington and Raleigh Rail Road Com- 
pany held by the State, 1,500 00 
E. B. Freeman as tax on Attorney Li- 
cence, 180 00 

Aug. Merchants Bank of Newbern, tax of 
25cts per share on 2250 shares of stock- 
held by individuals in said Bank, 562 50 
Commercial Bank of Wilmington as tax 
of 25cts per share on 1823 shares of 
stock in said Bank, 455 7,5 
J. R. Dodge, Clerk of Supreme Court at 
Morgan ton, as tax on Atto. Licence, 130 00 
Sheriff? for Public Tax, 16,013 42 

Sept. Do do do 71,517 88 

Bank of Cape Fear as tax of 25cts per 
share on the Stock held by individuals 
in said Bank, 2 ; 389 00 

Bank of the State as tax of 25cts per 
share on 8973 shares of Stock held by 
individuals in said Bank, 2,243 25 

J. R. Dodge, Clerk of Supreme Court 
at Morganton, tax on Atto. Licence, 10 00 

Oct. Sheriff of Craven public tax, 2,113 10 

Jacob Siler, agent, amount collected 
on Cherokee Ronds, 638 f5 

Cash received Jacob Siler, as advanced 
payment on lands sold by Act of Leg- 
ielatuje, 602 15 

Cash received of C. Manly, Attorney, 
amount collected on bond of J. J'. 



Oct, Derosset and others, due Fund for 

Internal Improvement, 128 75 

Cash received C. Manly, amount of Bond 
of H. Miller, and others due Literary 
Board, 857 00 

Cash received of Gov. Graham, Presi- 
dent ex-officio of Literary Board, be- 
ing amount paid over to Public Treas- 
urer in conformity with an Act of the 
General Assembly, 552 00 

Making the sum of receipts 391,686 60 

CR. 
The expenditures of the Public Treasurer 
for the same period, that is from the 31st 
Oct, 1840 to the 1st. of Nov. 1848, con- 
sist of the following items, 
1846. 
Nov. Balance due Public Treasury the 

1st. of November 1846, 122,15149 

Paid Principal on Raleigh and Gaston 
Rail Roads Bonds endorsed by the State 
and due 1st. January 1847, 30,000 

Do. Do. . 1848. 30 000 



Paid Interest on the same and due 1st. 
January 1847, 



Do. 

Paid Judiciary, 
Do. 



Do. 1848, 

1847, 

1848, 



37 704 
45 360 

27,663 13 
26,367 56 



60 000 



83 064 



Paid Executive Department, 
Do. do 

Paid Treasury Department, 
Do. do 



54,030 69 



Paid State 
Do. 



do 
do 



1847, 
1848, 

1847, 
1848, 

1847, 

1848, 



2,375 
2,300 



2,000 
2,000 

800 
800 



4,675 



4,000 



W 



Paid Comptroller Department, 1847, 1,000 
Do. do 1848, 1,000 



Paid Adjutant General, 1847, 200 

Do. do 1848, 200 



Paid Senatorial Election, 1847, 15 83 

Do. do 1848, 211 26 



Paid Council of State, 1847, 134 60 

Do. do 1848, 320 SO 



Paid Public Library. 1847, 457 48 

Do. do 1848, 67 62 



Paid State Librarian, 1847, 75 00 

Do. do 1848, 150 00 



Do. do 1848, 48 30 



Paid Stationary, 1847, 230 45 

Do. 1848, ^113 87 



Paid Capitol Square, 1847, 4,000 00 

Do. do 1846, 7,578 00 



2,000 00 



400 00 



Paid Superintendant of Public 

Buildings 1847, 260 

Do. do 1848, 260 

5£0 00 

Paid Governor's Election, 1848, 1,220 00 

Presidential do. 1847, 29 16 

Paid Public Printing. 1847, 3.767 08 

Do. do 1848, 607 12 



4,375 10 



227 09 



455 40 



525 10 



225 00 



Paid Insolvent Polls, 1847, 113 20 

" State Capitol, 1847, 10 05 



58 35 



344 82 



11,578 00 



Paid Interest on State Loan, 1847, 4,126 68 
Do. do do 1848, 5,400 00 

0,526 69 



£ 



10 



Paid Mexican War, 1S47, 11,523 03 
Do. do 1848, 10 00 

11,533 03 

Paid Fund IntVl Improvement, 1847, 115 50 
Do. do 1848, 3 00 



Paid Governor's House. 1848, 66 79 

Do. do 1847, 463 73 



Paid Pensioners, 1847, "735 00 

Do. 184S, 200 00 



Paid Postage Account, 1847, 187 50 

Do do 1848, • 144 12 



118 50 



530 52 



935 00 



331 62 



Paid Treasury Notes Burnt, 1847, 22 75 

" General Assembly. 40,630 40 

" Congressional Elections, 1847, 695 50 
" " " 184S, 9 50 



Paid Sheriffs for settling Pub- 
lic Tax, 1847, 1291 64 
Do do 1848, 1284 57 



Paid Contingencies, 1847, 5,171 91 

do 1848, 1,400 99 



705 00 



2,576 21 



6,572 90 



Paid Interest on bonds transferred 
from Literary Fund to Pub- 
lic Fund as per act of the 
last Legislature, 3,681 16 



Making an aggregate of 428,754 67 

From which deduct amount of receipts, 391,686 60 



Leaves a balance due the Public Treas- 
urer on the 1st Nov. 1848, 37.06S 07 



11 



LITERARY FUND. 

Balance due the President and Direc- 
tors of the Literary Fund on the 1st 
Nov. 1846, as reported to the Legis- 
1S46 lature, 127,319 63 

Nov. Cash received of the Bank of Cape 
Fear, dividend No. 74, of 3 per cent, 
on 5,322 shares of Stock held by the 
Literary Board in said Bank, 15,966 00 

Dec. Cash received of Gov. Graham, as Pres- 
ident ex officio of Literary Board, as 
principal on loans, 4,139 50 

Cash Do As interest on loans, 968 68 

Cash Do Amount paid by the 

County of Chatham on account of the 
1847 Deaf and Dumb, 150 00 

Jan. Cash received of Bank of the State, 
dividend No. 23, of 4 per cent, on 
5027 shares of Stock held by Liter- 
ary Board in said Bank, 20,108 00 
Cash received of Gov. Graham, Presi- 
dent ex officio of Literary Board, as 
principal on bonds of the Raleigh 
and Gaston Railroad, held by said 
Board > 8,500 00 
Cash Do. As interest on Bonds 

of said Company. 4>899 00 

Cash Do As interest on Bonds 
of the Wilmington and Raleigh Rail 
Road Company, 4 1 j 

Cash Do Amount received of 
the Counties of Guilford and David- 
son for the Deaf and Dumb, 30o 00 
March. Cash received of Col. Joyner, dividend 
No 15, on 500 shares of stock in the 
Roanoke Navigation Company, 1 375 qq 
Cash received of George McNeil, div- 
idend No. 26 of 1 per cent on 650 



12 



shares of stock in Cape Fear Navi- 
gation Company, 650 00 
May. Cash received of Bank of Cape Fear 
dividend No. 75 of 3 per cent on 
5,322 shares of stock held by Litera- 
ry Board in said Bank, 15,966 00 
July. Cash received of Bank of the State div- 
idend No. 24 of 4^ per cent on 5027 
shares of stock held by Literary 
Board in said Bank, 21,364 75 

Cash received of Gov. Graham, as prin- 
cipal on Loans due Literary Board, 2,000 00 

Cash received of Gov. Graham, as In- 
terest on Bonds due Literary Board, 25 33 

Cash receceived of Gov. Graham, 
amount paid by Hyde, Rowan and 
Martin, for Deaf and Dumb. 300 00 

Cash received as Tavern Tax, from 

Sheriffs this month, IS 80 

Aug. Cash received as Tavern Tax, for this 

month, 233 12 

Sept. Cash received as Tavern Tax for this 

month, 3,021 40 

Cash received of Gov. Graham, as in- 
terest collected on Bonds of the Wil- 
mington and Raleigh Rail Road held 
by the Literary Board, 4,050 00 

Cash received as Interest on Loans by 

Literary Board, 00 00 

Cash received as amount paid by Or- 
ange County for Deaf and Dumb. 108 75 

Cash received as amount paid by Da- 
vidson for Deaf and Dumb, 50 00 
Oct. Cash received as amount of Auction 

Tax collected this month, US 16 

Cash received of Gov. Graham, as In- 
terest on Raleigh and Gaston Rail 
Road Bonds held by Literay Board, 4,644 00 



13 



Nov. Cash received of Bank of Cape Fear, 
dividend No. 76, of 3 per cent on 
5322 shares of stock held by Litera- 
ry Board in said Bank, 15,960 00 
Cash received as Auction Tax this 

month, 127 57 

Dec. Cash received as Auctien Tax this 

1S4S. month, 196 75 

Jan. Cash received of Bank of the State div- 
idend No. 25 of 4 per cent on 5027 

shares of stock in said Bank, 20.10S 00 

Cash received of Col. Joyner, dividend, 
No. 16, of 33 per cent on 500 shares 
of stock in the Roanoke Navigation 
Company, 1.750 00 

Cash received of Gov. Graham, as In- 
terest on bonds of the Raleigh and 
Gaston Road Company due the Lit- 
erary Board, 4,644 00 
Cash received of Gov. Graham as In- 
terest on Bonds of the Wilmington 
and Raleigh Rail Road Company due 
Literary Board, 4,050 00 

Mar. Cash received of Geo. W. McNeil, div- 
idend No. 27 of 1 per cent, on G50 
shares of stock in Cape Fear Nav- 
igation Company, 650 00 

April. Cash received of Gov. Graham, as In- 
terest on Bonds due the Literary 
Board, 660 00 

Cash received of Gov. Graham, as 
amount paid by the County of Lin- 
coln for the Deaf and Dumb, 75 00 
Cash received as Auction Tax, 24 52 

May. Cash received of Cape Fear Bank, div- 
idend No. 77 of 3 per cent on 5322 
shares of stock held by the Literary 
Board, 15,966 00 



14 



Cash received of^Geo. W. McNeil, div- 
idend No. 28 of 1 per cent on 650 
shares of stock in Cape Fear Navi- 
gation Company held by Literarj- 
Board, 650 00 

Cash received as Auction Tax, 1 05 

July. Cash received of Bank of the State, 
dividend No. 26 of 4i per cent on 
5027 shares of stock held by Litera- 
ry Board in said Bank, 21,364 75 

Cash received of Gov. Graham, as In- 
terest on Raleigh and Gaston Rail 
Road bonds held by Literary 
Board, 4,644 00 

Cash received of Gov. Graham, as In- 
terest on Wilmington and Raleigh 
Rail Road Bonds, 4,050 00 

Cash received of Gov. Graham, amount 
paid for Deaf and Dumb by David- 
son County, 75 00 
Aug. Cash received of Sheriffs for Tavern 

Tax this month, 477 52 

Cash received of Col. Joyner, dividend, 
No. 17, of two per cent, on 500 
shares of Stock in Roanoke Naviga- 
tion Company, 1,000 00 
Sept. Cash received of Sheriffs as Tavern 

Tax this month, 2,833 16 

Oct. Cash received of Sheriffs as Tavern 

Tax this month, 71 44 

Cash received of Gov. Graham, amount 
paid for Deaf and Dumb by Guil- 
ford County, 375 00 

Cash received of Auction Tax this 

month, 302 74 

Cash received of Gov. Graham, amount 
of Interest due from the State to Lit- 
erary Board on bonds of notes trans- 
ferred under act of General Assem- 
bly, 3,681 16 



15 



ENTRIES OF VACANT I 


November 


1825 49 


December, 


3352 71 


January, 


1053 05 


February, 


601 24 


March, 


145 00 


April, 


267 38 


May, 


461 90 


June, 


142 64 


July, 


325 20 


August, 


314 94 


September, 


490 35 


October, 


474 08 


November, 


595 71 


December, 


1,061 22 


January, 


1,156 05 


February, 


220 95 


March, 


254 58 


April, 


303 72 


May, 


147 79 


June, 


152 57 


July, 


107 90 


August, 


120 19 


September, 


254 94 


October, 


222 93 



9,449 98 



4,598 55 
Making the sum of Reciepts, 358,218 31 

The disbursements of the Literary 
Fund for the same^ period, are 
as follows: 

Cash paid for support of Common 

Schools 1S47, 96,511 31 

Cash paid for support of Common 

Schools, 1848, 101,530 04 

198,041 S5 

Expenses of Literary Board in- 
cluding printing, 1847, 1,028 00 



16 



Expenses of Literary Board in- 
cluding printing, 1848, 916 02 



Building Deaf and Dumb Asy- 
lum, 1847, 3,000 00 
Do do 1848, 5,500 00 



Swamp Lands, 1847, 852 50 

Do do 1848, 2,668 75 



Fund for Education of Deaf and 

Dumb, 1S47, 3,439 00 

Do do 1848, 4,560 00 



1,944 02 



S,500 00 



3,521 25 



7,999 00 



Floral College, . 1847, 2,000 00 



Aggregate amount of disburse- 
ments of the Literary Fund $222,005 62 

Which, deducted from the receipts 
Jeave a balance in the hands of 
the Public Treasurer, as Treas- 
urer of the Literary Fund, on 
the 1st of November 184S, of §136,212 69 



III.— FUND FOR INTERNAL IMPROVEMENT. 

1846 

Balance due President and Directors 
of the Fund for Internal Improve- 
ment on the 1st Novembsr 1S46, 73,944 34 

Nov. To Cash received of the Bank of Cape 
Fear, dividend 74, of 3 per cent, on 
112 Shares of stock in said Bank, 336 00 

Dec. To Cash received of Jacob Siler, Agent, 
as money collected on Cherokee 
Bonds, 2,020 00 



Sum of Receipts, #76,300 34 



17 



DISBURSEMENTS OF INTERNAL IMPROVEMENT 
BOARD. 

1846. 

Nov. By Cash paid H. W. Graham, private 
Secretary, to defray the expenses 
of the Board of Internal Improve- 
ment, from 22d Sept. last, to the 
27th Nov. 1846, 92 50 

Dec. To Cash paid T. G. Broughton for pub- 
lishing sale of Weldon Toll Bridge 

1847 three months, 15 00 

Jan. By Cash paid E. Mitchell, in full of 
his compensation as Engineer on 
surveying route for a Turnpike 
Road to the Mountains, 300 00 

By Cash paid Jacob Siler for travel- 
ling expenses to and from Raleigh 
to make returns 53 00 



Making the sum of $400 50 

Which amount deducted from re- 
ceipts, leaves a balance transferred 
to Public Treasurer on the 1st Feb. 
1847, of 875,839 84 






18 



The demands on the Public Treasury for the next two 
years over and above the ordinary expenses arise prin- 
cipally, from the State's liabilities on account of the Ral- 
eigh and Gaston Rail Road Company and may be stated 
as follows : 

In 1838, the State endorsed for the Company to the 
amount of $500,000. In 1840 for $300,000. 

Of the last issue $13,500, were not used and therefore 
that sum is subtracted from the State's liabilities. Four 
instalments of $30,000 each have been paid on the lat- 
ter class of bonds so as to reduce it to $166,500, and 
therefore the total liabilities to $666,500. 

As it is yet uncertain what disposition the Legislature 
will make of the Rail Roads, and what resources may 
be realized from the individual liabilities of stockholders 
and obligors and at what time any aid to the Treasury 
may be expected from these sources, it is important to 
ascertain the liabilities to be met before the meeting of 
the next Legislature, and the resources at our command 
for that purpose. 

I— RAIL ROAD LIABILITIES. 
Bonds of 1 838, 500 000 

do do 1840 300,000 

Deduct Bonds not used, 13 500 



g286 500 
Paid 4 instalments in 1845 
6, 7, and 8, of §30,000 
each. 120 000 166 500 



#666 SCO 



January 1st 1849. Interest 
1 on this sum for 6 months, 19 995 
Principal then due, 30 000 

July, 1849. Interest on 

$636 500, for 6 months, 19 095 
January 1850. Interest for 

6 months, l» 095 



January 1850, principal 
then due, 30 000 

July 1850, Interest on 8666- 
000, for six months, 18 195 

Making an aggregate of 136 380 

II. 

The ordinary expenditures 
of the State on an aver- 
age have been about 
$70 000. 140 000 

Interest on $90 000 due to 
the Bank of Cape Fear, 10 800 

Due Bank of State for debt 
incurred for Rail Road, 25 000 

Interest on amount borrow- 
ed of Literary Fund as per 
resolutions of GeueraT 
Assembly, 5 000 



$317 180 



From present sources and 

rates of Revenue from 

taxes for 2 years, $89, 

780 68 per year, 179,561 36 

Amount of Tax collected 

from Banks on individual 

st °ck, 13,085 50 

Interest on $500,000 of Wil- 
mington and Raleigh Rail 
Road bonds owned by the 
State 

Probable receipts from 
Cherokee bonds, 

Dividend on stock Bun- 
combe Turnpike Com- 
pany, 

Tax on Attorney License, 



6,000 00 


24,000 00 


1,000 


00 


910 


00 


1^224,559 


86 



20 



Which deducted from ne- 
cessary expenditures pro- 
vided for before the meet- 
ing of the next Legisla- 
ture, 592,620 14 
From the forgoing statement it appears that the de" 
mands on the Treasury for the next two years will ex- 
ceed its resources by $92,620 14. 

The Bank of Cape Fear by its charter is bound to loan 
the State on notice of three months any amount not ex- 
ceeding $1 50,000 

By virtue of authority from the last Legislature, to 
borrow money to meet the liabilities of the State, the 
Public Treasurer borrowed in January 1S47 of that Bank 
§40.000, which added to the 850,000, borrowed by my 
predecessor in January 1845, make $'J 0,000 which the 
State is now indebted to her, and on which the interest 
has been paid semiannually. It is for the Legislature 
to say whether steps should not be taken to pay off that 
debt. 

If they determine to pay part or the whole additional 
means must be provided. 

To show the difference under the former and recent 
assessment, I have prepared a table marked E exhibiting 
the number of acres of land proven for taxation in 1846 
and 1847, their valuation, amount of tax collected, the 
number of polls, and the excess and deficiency of each 
County in those respective years, 

Respectfully submitted. 

C. L. HINTOJN, Pub. Treas. 



21 



STATEMENT A. 

Statement of the nett amount of the different Branches of 
Revenue for the years 1847-8. 



PUBLIC FUND. 



BRANCHES OF REVENUE. 


1847 


1848 


AGGREGATE. 


Tax on Land, 


29,363 21 


34,375 65 




" Town property. 


2,636 98 


3,520 87 




" Polls, 


33,062 09 


34,499 27 




" Stud Horses, 


1,146 62 


1,350 31 




'• Gates, 


220 90 


235 00 




" Stores, 


10,234 72 


11,401 26 




" Pedlars, 


3,727 16 


2,946 04 




" Artificial Curiosities 


592 20 


676 80 




" Natural " 


14 10 


197 40 




" Billiard Tables, 


470 00 






•' Venders of Carriages, 


263 20 


310 20 




" Negro Traders, 




131 60 






81,731 18 


89,644 40 
81,731 18 


171,375 53 






Bank of C«pe Fear dividends, 


1,128 00 




Buncombe Turnpike Co. do. 


3,679 14 




State Loan, Bank of Cape Fear, 


40,000 00 




Bonds transferred by Literary Board, 


41,537 71 




Bonds transferred by Fund of Inter- 






nal Improvement Board, 


7,352 44 




Interest on Bonds of Wilmington and 






Raleigh Rail Road Company, 


6,000 00 




Cherokee Bonds, 


20,848 37 




Fre-emption sale of Cherokee Lands, 


9,789 72 




Tax on Bank Stock, 


13,088 50 




Tax on Attorney's Licences, 


910 00 




Sale of sundry articles, by G. Hill, 


137 30 




Transferred balance of the Fund for 






Internal Improvement, 


75,839 84 








220,311 02 












391,636 60 



22 



STATEMENT A. CONTINUED. 



BRANCHES OF REVENUE. 



LITERARY FUND. 

BANK DIVIDENDS. 

Bank of the State of North Carolina, 
Bank of Cape Fear, 

NAVIGATION DIVIDENDS. 

Roanoke Navigation Company, 
Cape Fear do do 

Entries of vacant Land, 1847, 
do do 1848, 

Principal on Loans by the Literary 

Board, 
Interest do do 

Principal on Bonds of Raleigh and 

Gaston Railroad, 
Principal on Bonds of Wilmington and 

Raleigh Rail Road, 
Interest on Bonds of the Raleigh and 

Gaston Rail Road, 
Interest on Bonds of the Wilmington 

and Raleigh Rail Road, 
Tavern Tax, 
Auction Tax, 

Educating Deaf and Dumb, 
Interest on am't of Bonds transferred, 



INTERNAL IMPROVEMENT 
FUND. 

Bank Dividends, Bank Cape Fear, 
Cherokee Bonds, 



AMOUNT. AGGREGATE 



82,945 50 
63,864 00 



4,125 
1,950 


00 
00 


9,449 
4 : 598 


98 

55 



4,139 50 

1,714 01 

8,500 00 

2,000 00 

18,831 00 

16,260 00 

6,655 44 

750 79 

1,433 75 

3,681 16 



146,809 50 

6,075 00 
14,048 53 



63,965 65 



336 00 
•2,020 00 



230,898 



2,356 00 



23 



STATEMENT B. 



BANK STOCK. 
5027 Shares on the Bank of the State. 
5322 shares on the Bank of Cape 
Fear, belonging to the Literary 
Fund, 

122 Shares in the Bank of Cape Fear, 
dividends appropriated to Public 
Fund, 



TREASURY NOTES. 
Amount Issued, 262 000 

Redeemed and burnt, 213,168 11 

In Treasury Vault, 2 45 

Unredeemed, 48,829 44 262 000 



STATEMENT C. 



Number of Insolvent Polls allowed Sheriffs of the fol- 
lowing Counties in their settlements. 



Sheriff of Anson. 


157 


Sheriff of Montgomery, 


44 


Alexander, 


42 


Moore, 


24 


Beaufort, 


86 


McDowell 


54 


Buncombe, 


94 


Nash, 


72 


Burke. 


48 


Northampton, 


68 


Catawba, 


21 


Onslow, 


122 


Chatham, 


91 


Orange, 


310 


Cleaveland, 


4 


Pasquotank, 


88 


Chowan, 


33 


Perqnimons, 


48 


Caldwell, 


45 


Polk, 


21 


Cumberland, 


91 


Pitt, 


87 


Craven, 


67 


Randolph, 


84 


Davidson, 


67 


Rockingham, 


58 


Duplin, 


56 


Richmond, 


90 


Davie 


21 


Rutherford, 


106 


Edgecombe, 


63 


Rowan, 


47 


Franklin, 


28 


Sampson, 


68 


Greene, 


15 


Stokes, 


142 


Guilford, 


185 


Union, 


144 


Haywood, 


55 


Wayne, 


72 


Halifax, 


113 


Warren, 


9 


Hertford, 


63 


Wilkes, 


98 


Iredell, 


98 


Washington, 


28 


Lincoln, 


35 


Wake, ' 


81 


Mecklenburg, 


42 






Macon, 


46 


• 





3653 



ST, 



General Statement, showing the condition of the 



Notes Discounted, 
Suspended Debt, 

Bonds Raleigh and Gaston R. R. Co. 
Eills of Exchange, 
Ileal Estate, 

Due from other Banks 

Merchant's Bank, Boston, 
Fulton Bank, New York, 
Merchant's Bank do. 

Farmer's & Mech's Bank, Philad'a. 
Bank of North America do. 

Mechanic's Bank do. 

Merchant's Bank, Baltimore, 
Western Bank do. 

Union Bank of Md. do. 

Bank of Virginia, Norfolk, 
Exchange Bank do. 
Farmer's Bank do. 

Do. do. Petersbnrg, 

Do. do. Danville, 

Bank of Virginia, do. 

Planter's &, Mech's B'k, Charleston, 
Bank of Charleston, do. 

Bank of Cape Fear, Washington, 
Do. do. Fayetteville, 



Notes of other Banks, &c. 

Virginia, 

South Carolina, 
North Carolina, 
Treasury Notes, 

Sr-ECiE. 

Silver, 

Gold — Coin , 
Do. Eullion, 

Cents, 

Vouchers unadjusted, 

Bills and Checks iu Transitu, 



* Of th s flutn there is due by Directors, 
By Stockholders not Directors, 



■2,019,593 63 

86,611 9212,106,205 55* 



83,000 00 
435,072 51 



3,175 66 

28,280 84 



10,243 


15 


631 


45 


4 00 


605 


47 


1 


00 


2 


00 



1,161 63 

6,297 58 

1,110 21 

4,656 89 

4,301 68 

883 51 

3,956 28 

2,737 08 

11.030 58 

8,818 00 



533,996 99 
9,416 00 



2,625 

4- 



2,550 48 
31,456 50 

10,878 60 

608 47 



18,411 50 
6,693 36 

19,898 58 



17,715 00 

6,687 00 

112,099 00 

1,350 00 



351,280 25 

543,412 99 

89 70 



138,245 36 
19,3 20 38 

$157,565 74 



3,80 



D. 



State of North Carolina, 20th November, 1847. 



pital Slock, 

uieral Profit and Loss, 

mtingent Fund, 

nsion Office, 
easurer of U. States. 

Die to other Banks. 

Cammanu, Cashier, New York, 
ark Bank and In. Co., Newark, 
l of Virginia, Petersburg, 
lange Bank, Clarksville, 

l of Cape Fear, Wilmington, 

lends unpaid, 

Notes in Circulation. 
d Principal Bank Raleigh, 
Branch Newbern, 
" Tarboro', 
" Fa} T etteville, 
'■' Wilmington, 
•« Elizabeth City, 
«' Charlotte, 
" Milton, 
u Morgauton, 

c Treasurer of North Carolina, 
sits, 



18,62.3 12 
2,523 98 



18S,322 00 
154,946 00 
207,772 00 
261,639 00 
105,030 00 
252,016 00 
132,905 00 
85,687 00 



248,650 41 
7,705 61 



4,206 04 
1,016 17 

21,147 10 

3,565 76 



1,500.000 00 

256,356 02 

28,525 21 
76 34 



29,935 07 
4,753 00 



207,23S 00 



1,3S8,367 00 



1,695,605 00 

3 38,077 91 
353,768 36 



3,807,096 91 



C. DEWEY, Cashier. 



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STATEMENT E. 




1*40 


1847 






3,32( 


3,556 


1,234 


1,382 


1,460 


1,575 




646 


1,319 


1,487 


2,241 


2,553 


1,995 


1,731 


2,978 


3,261 


3,869 


4,062 


3,72( 


4,071 


1,992 


2,010 


1,299 


1,426 


1,19! 


1,223 


3,765 


3,962 


1,415 


1,463 


2,005 


2,027 


4,31! 


4,341 


93S 


1,137 


3,29< 


3,643 


66( 


623 


1,546 


1,608 


97( 


1,004 


1,045 


970 


2,957 


3,161 


l,56t 


1,644 


2,718 


2,778 


5,191 


5,150 


3,195 


3,139 


3,08< 


3,321 


1,453 


1,492 


1,791 


1,845 


2,042 


2,122 


5,77S 


5,862 


4,703 


4,822 


795 


792 


1,368 


1,624 


2,035 


2,058 


72! 


880 


3,248 


2,900 


1,475 


1.534 



600,088) 84,8^3,788 85,830,735911,034,00? 9103,867 $2,534 2o| 83,526 06 30,608 94 _ 



i^MriMisaaflii ~ \ eassHiii 



REPORT 



OF THE 



1DJUTA1T 6MBR11 



TO THE 



LEGISLATURE 



OF 



NORTH CAROLINA. 



RALEIGH: 

3EATON fiALES, PRINTER FOR THE STATE* 
1848. 



Adjutant General's Office, 
Raleigh, Dec. 1st, 1848. 

To the Honorable the General Assembly 

of the State of North Carolina : 

I have the honor to transmit to your honorable body, 
sundry documents marked A, B, C, D, and E, which con- 
tain all the information in relation to the Militia re- 
quired by law to be communicated from this office. 

I willalso state that the Legislature, at its Session of 
1S46 and 47, passed an Act, directing the Adjutant Gen- 
eral to procure a description of the uniform and accou- 
trements now worn by the commissioned officers of the 
United States regular Army, which by this Act is adopt- 
ed as the uniform for officers, commissioned of similar 
grade in the Militia of North Carolina, and that he shall 
have the same, together with the Laws now in force in 
this State, regulating the Militia, published in pamphlet 
form, and shall also procure McCombs Tactics, and shall 
furnish to each Major General five copies of each work, 
to each Brigadier General five copies of each work, and 
to each Colonel of a Regiment a number of copies equal 
to the number of companies and field officers in each 
Regiment, for distribution among the officers of the Mi- 
litia with, as the Generals and Colonel, may think proper^ 

The Adjutant^General has complied, the requisitions of 
this Act, so far as procuring the Tactics and having the 
Laws, together with the uniform of the United States 
regular Army, but he has not been able to get them dis- 
tributed as the Act requires, as the Legislature made no 
appropriation for their distribution. 



The Adjutant General has been able to distribute five 
hundred and fifty copies of each work by private hands* 
but the chance for distributing them in this wav is so 
very uncertain, I "wfould recommend to your honorable 
body that some means be adopted by which a more spee- 
dy distribution may take place. 

Very respectfully your obe't ser't. 

R. W. HAYWOOD. 
Ajutant General N. C. Militia. 



[A.] 
Abstract, showing the number of Militia, and of their 
Arms, composing each Regiment, Brigade and Division, 
and also the number and description of Arms belong- 
ing to the State in each Regiment and County. 



p 
c 

«T 1 

C 

< 
a. 

o 
a 

CD 


o 

o 
— i 

f 

en 
m 


p 

o 

s. 

5 

CO 

to 


Counties. 


ST 


5 

Ed 
n> 

3 

CD 

3 


c 

FT* 
CD 


si 

CD 
en 


CO 
O 

c 


c 

%■ i 
2. 


5 
Ea 

CD 


11 

O 

3. 

V 


p 

o 

c 
5 
■a 
» 

3 

5' 

CD 

Q 

5 


o 

h 

o 

a 
3 

o 

Ul 

O 
"»» 

po 

ct> 

CO 

r 






liCurntuck, 


608 


115 




304 






9 






2jCamden, 


689 




14 




369 








8 








3,Pasquoiank, 


838 




12 




620 


120 




40 


9 






1 


4 


Perquimons, 


382 




181 




357 


60 
180 




_ 
40 


6 
32 






2517 


1650 








9 


Bertie, 


700 








502 








9 








5 


Chowan, 


396 








376 


26 




•20 


4 








6 


Gates, 


684 








543 








4 






L8 


10 


Hertford, 


550 






6 


499 


26 




20 


6 






2530 


6 


1920 


23 


1 








4847 




181 


6 


3570 


206 




60 


55 








4lJBIaden, 


554 




38 


33 


348 








10 








44jMoore, 


1028 






332 


118 


84 






9 








33CumberIand> 


979 






200 


416 


204 






10 








34! " 


463 






868 


116 


76 






6 








85 Columbus, 


342 




13 


12 


301 








6 








32 


Sampson, 


912 




41 


78 


685 


16 






1L 






1 






. 4278 




92 


741 


1982 


380 






52 








53 


A;nsoa, 


561 




6 


48 


393 








6 








54 


Cf 


409 






145 


179 








6 








42 Robeson. 


684 




48 


86 


411) 






8 ; 






43 


285 




60 


48 


93j 60 


I 




5 








51 ; Richmoi)d, 


439 


58 


7 


93 


197 






5 


1 




14 


93 


Ct 


297 


56 


10 


63 


89 
1362| 60 






3 
33 






' 2675 


131 


483 


1 


2 








' 6953 


58 


223 


1224 


3344 


!44P 


t 




85 


1 



STATEMENT (A.) CONTINUED. 



2 21 Z 



W * 



Jq 



16 



H) 



Counties, 



Chatham, 
Orange, 

Randolph, 



59 Caswfell, 

50 Person, 



11 



Granville, 



Davie, 
Rowan, 

Davidson, 



Lincoln, 
(< 

Rutherford, 
it 
u 

Mecklenburg 



Cabarrus, 
60 Montgomery 
6] 
1 {Volunteers, 



639 
930 

1050 
707 

785 
934 
588 

5623 
80S 
714 
603 
540 

2725 
8348 

890 

1207 

832 

986 



15 

18(» 
33 

8 

28 

108 

64 



4063 
12069 



88 
82 



170 



436 

6 

49 



55 
491 

1 
65 
11 
63 



P 



58 
250 
120 
168 
255 
445 
200 



1496 
131 
125 



143 
10 



397! 
300 
563 
398 
178 
81 
260 



100 



2177199 
402 165 
319 

366 75 

318 



264 
1760 

248 
564 
461 
313 



1586 
318 
271 

i 213 

293 
208 



40 



67 

115 

25 

So 
45 



220 
170)430 



1303 
200 
300 
305 
319 
391 



1305 

3482 

170 
324 
185 
158 



837 
163 
262 

75 
106 

52 



658 
500 
200 
247 
147 
182 
23 



240 
439 



14 
62 
76 
50 



50 



5| 2*1 z 

a o 



65 



65 



(15 

105 
105 

125 

335 



150 80 



15151299150 80 

4404'2794'276|423 l 



53 
140 



STATEMENT (A.) CONTINUED. 



— » ■ ■ 

2! 2 
o 



CT5 

- 



S2 
83 
34 
86 
90 



Counties. 



15 



79 
80 
81 
92 
53 
89 



19 



30 
39 
•24 
31 



Buncombe, 
(< 

Yancy, 

Haywood, 

Macon, 



Burke, 



Iredell, 



Newhanover, 
Brunswick, 
Onslow, 
Duplin, 



25 

26 
40 
48 



12 



868 
721 
722 
906 
601 



3818 

783 
670 

677 

387 

882 

5 



S» 



36 



3988 36 
7806 36 



Jones, 
Lenoir, 
Wayne, 
Johnson, 



862 
499 
734 
945 



3040 

319 

556 

910 

1175 



44 



44 



2960 
5000 



3^ 
76 
25 
63 
40 



251 



15 
19 

34 

13 

7 

33 

121 

372 

30 
9 

11 
5 






352 
411 
473 

46 
348 



1630 



303 
307 
325 
173 
321 
309 



180 
5 

61 

20) 36 
63 



2.2 



£ 9 

o I C 

3 13 

~ -o 

E. s 



329 121 



1738 
3368 

69 

9 

11 



14 



55 



26 



27 
I 82 



100 

53 

68 

9 

215 
47 



492 
821 

577 

323 
470 
711 



972081 



1 

3 

111 



261 
500 
607 



57 



57 



lb 



97 



239 584 



135 
256 

23 
45 

7 

75 

65 

176 

50 

19 



>- 



97 1* 

154 18 

! 
60 38 



8 
47 



3441952 
44l!4033 



310 
385 



51 



9 

7 
10 

6 
11 

8 

51 

102 

12 

7 

10 

10 

39 

5 

5 

12 

14 



36 

60 47| 75 



STATEMENT (A.) CONTINUED. 










STATEMENT (A.) 


CONTINUED. 








^ 


2 


3 2 




B 


gs 


g 


& « 


3 


P3, C°, 2 


o 


o 


\r 




p" 


5 

CD 


s 

00 


» 


o 


(3 


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3 

g 


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o 


o 

e 


a 
ft 


o 

* 




•< 


P 
ft 


CO 


P 




6T 

CD 
EC 




CO 


| 


PS 

o 


< 


T5 


Tq 












u- 








p 


F- 


3' 


pa 


3 


















— ■ 


pa 


p 

in 


n 

01 


cr 


Counties. 
















V} 


£* 




• 








1 














o 

2 

3D 

5a 

a 




— 


Id 












97 


- 





- 


"i 






Ashe, 


485 






25U 








97 


ii 


50S 163 


G 


336 


37 








8 








72 


Surry, 


805 


194 


312 


171 








13 








73 


ic 


1003] 


60 


304 


70 


GO 






10 








74 


Wilkes, 


7691 


99 


334 


40 








7 








75 


i( 


754 77 


17 


440 


49 








10 






1 


1 


Volunteers, 


311 




255 






105 




5 








95 




321) 98 




361 










5 


2 




9 


96 




305 1 


232 












4 
67 






526GJ 338; 608 


2592 


464 


60 


105 




2 


10 








10701 


33ft 


1028 


4646' 


2028 


126 1 


210' 


20 


134 


6 



10 

(B.) 
CAVALRY. 



* ^ 


L ^ 




g 


1 ^ 


2. H 



!> 


K 


GO 

p 


< o 
5" 2. 

P"* 


3 ? 
fa 




OB 

=13 =. 




op 

^3 

re g, 
go oo' 

CO 

5' 
B 
re 


<! 
P 

re 
05 


re P 
< iSS 


eg 

re 

P 




-j 

BB 

re 

3 

re 


a* 
re 

(A 

> 


CO en 

S-o' 

c 

o r-f 

o 


p 2. 

CO P 

o a 

a> » 

C- <-+ 
O 


CS GO 

w 2 
re 
P- 




p SE p 
« re O 

f- s O 

* 3 


re 


P. 
co* 

DO* 


5T 




4 


11 


15 


6 


9S 


104 


119 


32 


6 


6 


3 


4 


10 


33 


43 


37 


94 




9 


s 


19 




112 


132 


147 


120 


60 


4 


9 


3 




38 


3S 


41 




10 


7 


17 


4 


8 


32 


40 


40 


40 


40 


] 


1 


12 





80 


82 


94 


100 




9 


8 


20 


16 


122 


147 


159 


216 


60 


1 


77! 


42 


515 


586 


,637 


602 


176 



TOTAL SRENGTH OF THE MILITIA. 

Infantry, - - - - 68,673 

Riflemen, .... 690 

Cavalry, 637 

Exempts, -.-»-- 3,179 



73,179 



11 



(C.) 
ROSTER OF GENERAL OFFICERS. 



No. Divisions 




Date 


of Commis- 


and Brigades. 


Names. 


sions. 




1 


Duncan McDonald, 


27 


Dec. 


1820 


2 


James J. McKay, 






1832 


3 


Benj. Trolinger, 


5 


Sept. 


1S37 


4 


(Vacant,) 








5 


C. M. Avery, 




July, 


1847 


6 


(Vacant.) 








7 


Daniel S. Crenshaw, 






1842 


8 


Wm. R. Jones, 








9 


John M. Logan. 


3'July, 


1848 


Brigadiers. 











1 


J. C. B. Ehringhaus, 


261 


Feb. 


1842 


2 


H. G. Cutler, 


" 1 


" 


1833 


3 


L. H. Marsteller, 


16 


Jan. 


1836 


4 


VV. D. Dowd. 


27 


Dec. 


1847 


5 


Joshua Barnes, 


5 


Oct. 


1842 


6 


Joseph Holt, 


2G 


Feb. 


1833 


7 


J. M. Leach, 








8 


F. L. Simpson. 








9 


S. C. Wellborn, 


12 


Dec. 


1846 


10 


G. W. Logan, 


22 


Sep. 


1848 


11 


W. H. Neal, 


a 


Dec. 


1844 


12 


James W. Cox, 


CI 


<< 


k 


13 


H. G. Spruill, 


26 


Feb. 


1833 


14 


J. M. Waddell, 


5 


Sep. 


1837 


15 


Cornelius W. Clark, 


23 


Oct. 


1848 


16 


James Lea, 


15 


June. 


1848 


17 


Joseph B. Littlejohn, 


t< 


<t 


1846 


18 


John D. Pepkin, 


« 


<< 


it 


19 


David R. Lowry, 


CI 


<i 


u 



It; 



10 



(Di 

No. of Regime/Us and by whom commanded. 



names. 



reg'ts.! names. 



Will. O; Smith, 53 

J. B. McMurry, 48 

Wm. R. Reade, 50 

Levi Klutts, 62! 

.iohn F. Rhodes, 31 

John G. Can-away, 13 

A. E. Burgess, 79 

J. F. Reel, 81 

A. M. Walker, 52 

Pro. E. A. Jones, 38 

H.Marshall, 2 vol 

.las. Daniel, 87 
Thomas W. Chandler, 59 

Neill Regan, 42 

LafayettDarden, 27 

Richard H. Adams, 19 

Jo ah Hiatt, 1 vol 

R. Murchison, 46 

Peter Earnest. 3 vol 

C. A. Boon, 58 

T, P.. Alston, 14 

John M orison, 44 

£). McCorrhack, 33 

A. J. Slotfbrd, 66 

Rnbt. Bynum, 20 

J. R. Jones, 97 

R. O. Bennctf, S9 

I). A. Lowe, 70 

.1. M. Brown, 64 

Michael Cox. ^ 

A. B rower, 50 

N. Kelly, 41 

Benj. Askew, 25 

A. B. W. Hill, 00 

M. W. Hand, 71 

J. E. SaintClare, 75 

J. F. Jones, 29 

William A. Lenoir, 80 

Peleg Vv. Spencer. 1 1 

John D. Scott. lCo 

Starky Sharp, |1° 

F, L. Simpson, 57 



John J. Terry, 65 

A. A. Leach, 60 
J. Thompson, 45 
G. W. Worley, 9 
Charles McClees, 7 
Jonathan Trull, 98 
Alex. D. McLane, 34 
David Eifird, 61 
R. Quarry, 1 vol 
J. Brown, S8 

B. F. Petty, 74 
Julius T. Siler, 90 
Richard Johnson, 91 
R. J. Raiford. 54 
Peter R. Smith, 43 
G. A. Nicholson, 51 
R. J. Allen, 77 
Joseph W. Walker, 67 
Michael W. Holt, 49 
H. J. B. Clark, 12 
James McClerry, 26 
J. M Stewart, 69 
E. H. Blalock. 86 
W. A. Tanner, 76 
A. B. Cox, 96 
T. P. Fair is, 68 
Jesse J. Baker, 40 
Joseph Hamilton, 84 

C. Mallay, 93 
W. R. Blanchard, 4 
O. P. Walker, 78 
Geo. Holcomb, 73 
Jonathan Horton, 95 
Stephen Roberson, 94 
Hiram Witherspoon, 36 
W. H. H. Tucker, 35 
H. M. Waugh, 72 
R. Rowls, 15 

D. McPherson, 28 
Barnes Goodman, 6 
Henry H. Waters, 39 
G. H Daughtry 32 



13 



STATEMENT (D) CONTINUED. 



NAMES. 



REGI TS. NAMES. 



REGI TS. 



John S. Burgess, 


2 


T. W. Rooker, 


23 


Lt. Col. James Scott, 


3 


Isaac N. Saunders, 


24 


Thomas M. Carter, 


5 


R,. G. Rankin, 


30 


D. C. Guyther, 


8 


F. J. Gregory, 


37 


John F. Johnson, 


16 


Samuel Taylor, 


63 


W. N. Dennis, 


17 


Noah Morgan, 


.83 


Guion Scott, 


18 


William Baldwin, 


85 


Henry T. Clark, 


21 


Joseph Pitman, 


92 


J. W. Bryant, 


22 


J. P. Proutt, 


99 



14 



[E.] 






DELINQUENTS 






IN RETURNS TO ADJUTANT GENERAL 




Major Generals. 






James McKay, 


2 


Division, 


Daniel S. Crenshaw, 


7 


do 


C. M. Avery, 


5 


do 


J. M. Logan, 


9 


do 


Benjamin Trolinger 


3 


do 


Brigadier Generals. 






J. C. B. Ehringhaus \ 


1 


Brigade. 


H. G. Cutler 


2 


do 


L. H. Marsteller 


3 


do 


Joshua Barnes 


5 


do 


Joseph B. Littlejohn 


17 


do 


Colonels. 






Currituck 


1 


Regiment 


Camden 


2 


do 


Pasquotank 


3 


do 


Chowan 


5 


do 


Columbus 


85 


do 


Orange 


47 


do 


Granville 


37 


do 


Davie 


63 


do 


Buncomb 


82 


do 


do 


83 


do 


Burke 


92 


do 


New Hanover 


30 


do 


Onslow 


24 


do 


Northampton 


16 


do 


Nash 


22 


do 


Warren 


23 


do 


Carteret 


17 


do 


Craven 


18 


do 


Washington 


8 


do 



15 



DELINQUENTS, 
In returns to Major Generals. 
Brigadier General J. C. B. Ehringhaus, 1 Brigade. 
« » John D. Pipkin, 18 do 



DELINQUENTS, 
In returns to Brigadier Generals. 
Colonels of the 94 Regiment 
» 47 do 


<i 




92 


do 


u 




84 


do 


u 




72 


do 


u 




95 


do 


a 




37 


do 


« 




62 


do 


<( 


DELINQUENTS 

In Reviews. 
Major Generals. 


60 


do 


D. McDonald, 
J. J. McKay, 
Benjamin Trolinger, 


iDi 

2 

3 


ivision. 
do 
do 




DELINQUENTS 
In Reviews. 






Brigadier Generals of the 


4 Brigade, 
6 do 


<< 




9 


do 


M 




19 


do 


(< 




15 


do 


(< 




13 


do 


/ 




o 


do 



EXECUTIVE DOCUMENT NO. 4. 



MESSAGE! 

FROM 

HIS EXCELLENCY, THE GOVERNOR, 

TRANSMITTING A PLAN 

BY WHICH A COMPANY MIGHT BE ORGANIZED, 

TO ESTABLISH 

Jl CONTINUOUS JLJJYE OF J2.fJl.120.fjO, 

FROM 

GASTON TO CHARLOTTE. 

DECEMBER, 1§48 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE- 

184*. 



MESSAGE. 



To the Senate of North Carolina : 

In answer to the Resolution of your Honorable Body, adopted 
on the 30th ultimo, requesting the Governor to communicate a plan, 
by which a Company might be organized, to establish a continuous line 
of Railroad from Gaston to Charlotte, in which the State should become 
a Stockholder, and to which she might transfer the Raleigh & Gaston 
Railroad, in payment of her subscription for Stock, as intimated in his 
Message : I have the honor herewith to lay before you, a Memorandum 
and Project, of such arrangements as are, in my opinion, necessary for 
these purposes, accompanied by a further Memorandum of Statistics of 
those portions of the State that lie contiguous to that part of the pro- 
posed Road, which is yet to be constructed. I also send with the same, 
a small Map of the State, with a straight black line drawn from Raleigh 
to Salisbury and thence to Charlotte, representing the new work pro- 
jected, by the most direct route. What deflections from this, may be 
necessary, to secure one most favorable for the objects intended, can 
only be determined by practical Engineers, upon a reconnoisance and 
survey of the country. 

It will be perceived that the plan proposed, contemplates three ob- 
jects, namely : 1st. The construction of a great work of Public Im- 
provement, of incalculable value to the State. 2d. To adjust the suits 
pending against the Stockholders and obligors of the Raleigh & Gaston 
Railroad Company, by requiring them to subscribe, or to procure sub- 
scriptions, in this new enterprize, to an amount equal to what might be 
recovered against them ; so that the State may obtain the benefit of such 
possible recoveries, in the construction of an important line of Railroad, 
and the defendants may pay them without ruin, and with a prospect of 
ultimate remuneration. 3d. To convert the State's investment in the 
Raleigh & Gaston Railroad, now yielding no profits, and requiring ex- 
pensive repairs to enable it to do so, into a Stock of $500,000, in a line 
of near three times its length, which may be aptly compared to a Toll 
Bridge, uniting the Roads North and South of us, and therefore having 
the most reasonable expectation of profits on its Capital, from distant 
transportation, as well as from the great increase of that, nearer home- 

From the Memorandum of Statistics herewith sent, it will be seen 
that, the projected Road, by the direct route, would pass immediately 
through Counties, containing a population, according to the census of 
1840, of 104,000 persons, and real estate valued in 1847 at $9,000,000; 



that in the Counties within 25 miles thereof there is a population of 
246,000, and real estate to the value of $ 20,000,000, and in those with- 
in 50 miles, the population is 411,000, and the real estate valued at 
$34,000,000. If to these we add the seven Counties West of the Blue 
Ridge, whose inhabitants, by means of this work, would be brought by 
three days' journey nearer to New York and to their own seat of Gov- 
ernment, and Warren, Halifax and Northampton, situated on the pre- 
sent Road, and therefore to be benefitted by the extension Westward 
and Southward, we shall have a population of near 500,000 souls, own- 
ing Lands, valued at more than $ 40,000,000 : that is largely over three 
fifths of our whole population, the proprietors of two-thirds in value, of 
our entire real estate, who may be said, to have a direct local and per- 
sonal interest in its construction. What business would be furnished 
for a Railroad, by a moral, industrious and energetic population of this 
number, with so great an amount of wealth invested in the soil alone,how 
much it would add to that wealth, and increase their numbers, are in- 
quiries which I have not data of sufficient accuraracy now to answer, 
with satisfaction, but which may be solved with reasonable certainty, by 
an appeal to the experience of other States, within the last fifteen years. 
Independently therefore, of the State's connection with any other work 
of that description, and of her ability to aid the construction of this, by 
using her present Railroad, as cash, at a reasonable price, and by in- 
ducing a subscription of half a million of dollars more, by compromise 
with its former Stockholders, without resorting to loans, for much of 
the capital required, to say nothing of its extension hereafter, it is it- 
eelf an improvement demanded by the public interest, and every en- 
lightened view of duty to our constituents. 

I3v the arrangement recommended, the State and Individuals are 
to be equal Stockholders to the amount of one million of dollars, or at 
most, twelve hundred and fifty thousand each, in a line of Railroad from 
Gaston to Charlotte. The State is to transfer to the new Company, the 
Raleigh and Gaston Railroad, at the sum of $500,000, [ n par t payment 
of her subscription, as soon as solvent persons shall subscribe $500,000 
more, in Stock of this Company. She is to pay no money on her sub- 
scription, until this latter sum of $500,000 has been in good faith applied 
in repairs of the old Road, and the construction of the new ; that is, in 
all probability, until the new Road shall have been completed for forty 
or more miles. After that, she is to pay in equal instalments with the 
other subscribers, but always withholding her payment until theirs has 
been made. Transportation is to be carried on, upon the old Road and 
upon such parts of the new, as may be from time to time finished, and 
dividends of profits on this business, may be declared, in which the 
State will receive her part, as the work may progress. The balance 
i i the State's subscription, say $500 to 700,000 is to be paid by monies 
raised on Joan, by issuing State bonds, redeemable in thirty years, 
tearing interest at not more than six per cent, per annum. Thees 



bonds would probably be issued, in parcels of perhaps $50,000 at one 
time, as instalments might be called for, on the subscription, so that 
the whole amount would not be outstanding in less than four or five 
years. In every instance the loan would be contracted by sealed pro- 
posals, and any premiums obtained, would be reserved as a fund for 
the payment of interest, in addition to the profits which may be realized 
from the business of the Road. So far as these might fall short of the 
payment of the interest, as it accrued, it would fall on the Treasury — 
the Stock in the Road being pledged to pay the principal. 

The certificates of loan are to be payable at the option of the len- 
der, in the currency of Great Britain, or the United States, in order to 
have a free competition, in the proposals offered, and to secure the low. 
est rate of interest. The sum annually required for the payment of 
interest, after the whole amount of loan shall have been obtained, will 
probably be from thirty to forty thousand dollars. The old Road being 
put in perfect repair, and the new one constructed for forty miles, be- 
fore any part of this debt is contracted, and the State being entitled to 
one-half of the profits which may be made from its operations, she may 
reasonably expect to derive from this source, and from the premiums 
on the loan, a large portion of the funds required from time to time, to 
meet this interest. If the measures recommended in my former Mes- 
sage for the reduction of the public liabilities shall be adopted, they will 
by the time this loan shall be fully taken up, afford a residue by the 
diminution of the debt, which may be applied to the interest on this, 
and leave an inconsiderable, if any balance, to be paid from the Treasury. 
It is unquestionably the least acceptable feature of this project, 
that it proposes to borrow money for the object in contemplation. 
In my view the improvement is of sufficient importance to the State, to 
justify that step, in the eyes of our constituents, if it stood unconnected 
with other works in which she is already concerned. But when we 
consider that the stock in the whole Railroad is to be pledged for the 
ultimate redemption of the amount borrowed, and will be more than 
equal to that end, and that by the means already indicated the interest 
can be paid, with but a moderate demand on the Treasury, until the 
work is completed, (when its profits will relieve us from even that.) ; 
when we remember that the value of our present Railroad interest great- 
ly if not entirely depends oh the success of this scheme, we should look 
well to the consequences of its rejection. For the question arises, what 
shall be done with the Railroad we now own ] We have in that, a prop- 
erty costing originally a million and a half of dollars, and worth, if put in 
perfect repair, probably half of that sum. It now indifferently accom- 
modates the country, and saves annually a large amount in time, to the 
traveller, and in freights and transportation, but yields no profits on the 
capital invested. In accepting the public trusts we enjoy, we have 
assumed a stewardship over this, as well as other public interests, and 
therefore cannot resign ourselves to snpineness and inaction. The idea 



ran scarcely he entertained, J bat it should be abandoned to waste ; and 
with the limited fortunes of individuals among us, it could hardly be 
expected to bring its value at an auction tale. In exercising that pru- 
dence and care over it, which as individuals we apply to our private af- 
fairs, it appears to me, that we have only the alternatives presented, of 
either borrowing ihe necessary amount to put it in perfect repair, so as to 
make whatever profit can be realized from local business, without fur- 
ther extension, or of uniting it with a continued line through the State 
and Union, having certainly fair prospects of profits on its stock, and af- 
fording inestimable advantages to our people. And in choosing be- 
tween these, we cannot close our eyes to the fact, that unless we em- 
bark in the work of extension with boldness and energy, by measures 
to be adopted by the present Legislature, other and adverse schemes, 
will in all probability be carried into effect, destructive in a great mea- 
sure, of the interests of our present Railroads, and rendering them a 
total loss to the proprietors. 

We are therefore in a situation, where there is far more danger lo 
the public interests, from the waste of lethargy and inactivity, than 
from improvidence or extravagance. A reasonable economy consists in 
preserving and improving what we now have, whilst we are providing 
at the same time, new accommodation for the pressing wants of our 
constituents. WILL: A. GRAHAM. 

Executive Department, Dec 4, ISIS. 



Memorandum and Project, 

OF A RAILROAD FROM GASTON, BY WAY OF RALEIGH 
AND SALISBURY, 

TO ClIJSIi&OTTE. 

1. Let a Joint Stock Company, to be styled " the North Carolina 
Railroad Company," be incorporated, on liberal terms, for 99 years, with 
a capital of !$"2,0(J9,000, of which one-half shall be subscribed by the 
State : with power to increase its capital to $2,500,000, if found neces- 
sary to complete and equip the Railroad through its entire length — the 
State still subscribing and owning one-half of the whole Stock. 

2. The S:ate of North Carolina shall pay $ 500,000, of her sub- 
scription, by transferring to said Company the Raleigh and Gaston Rail- 
road, with all its equipments, and appendant property. 

3. As an inducement lo the Stockholders and Bondsmen of the 
late Raleigh and Gaston Railroad Company, to subscribe in this Coin. 
party, and to use their influence and exeitions to procure subscriptions, 



let it be provided, that when the sum of $500,000 shall be subscribed 
by individuals or corporations, who shall satisfy the Board of Internal 
Improvement that they are able to pay the same, the suits now pend- 
ing against them, at the instance of the State on account of her endorse- 
ments for said Raleigh and Gaston Railroad Company, shall be dismiss- 
ed, and the defendants discharged from their liability in that behalf. 

4. When the sum of $500,000 shall be thus subscribed, and the 
solvency of the subscribers shall befascertained by the Board of Inter- 
nal Improvement, the Company shall be organized, and the Governor 
shall be authorized and directed to transfer to them the Raleigh and 
Gaston Railroad, by absolute grant, under the Great Seal of the 
State, upon their entering into bond in the penal sum of §1,000,000, 
payable to the State, and conditioned for their proceeding with all 
reasonable despatch, to put this part of the Road in good repair, and to 
construct the residue from Raleigh to Charlotte, and giving a mortgage 
on the property transferred as a security for the peiformance of the 
same. 

5. The State is to be called on for no further payment until the 
said sum of $500,000, subscribed and paid by the other stockholders, 
shall be in good faith applied according to the preceding stipulation. 

6. After this sum shall have been expended on the work, when- 
ever the individual stockholders shall be called on for a payment of any 
further part of their subscription, and shall have made the same, to the 
amount of three fourths of the instalment required, then the State shall 
pay pari passu on her's. 

7. To raise the requisite funds to pay the further subscription 
of the State, as the same maybe required. Bonds or certificates of 
debt may be issued by the Treasuer under the Great Seal of the State, 
and guarantied by a pledge of the public faith for their redemption, pay- 
able in the currency of Great Britain or the United States, with inter- 
est semi-annnally, at not more than 6 per cent, per annum, redeemable 
in thirty years. 

8. No more Bonds shall be issued at any one time, than are ne- 
cessary to pay the instalment then demanded ; and in every such case, 
the Treasurer shall advertise the amount required, call for sealed pro- 
posals of terms, and contract the loan, on those most favorable to the 
State, that may be offered. And whatever premium may be obtained 
in any such negotiation, shall be paid into the Public Treasury, and 
invested as a savings fund, to meet the interest on the debt,_as it it may 
accrue- 

9. The State's Stock in this Company, to be pledged for the re- 
demption of the principal of the debt thus contracted, and any dividends 
of profits which may be declared thereon, to be applied to the payment 
of the interest. And the Company shall have power, from time to time, 
to divide profits, if realized, on such parts of the Road as may be fin- 
ished. 

10. But to secure the punctual payment of the interest, before 
and until such dividends may be realized, and to aid the Savings Fund, 
above mentioned, the Public Treasurer shall pay any deficiency of in- 
terest, out of any monies in the Treasury not otherwise appropriated. 

11. The foregoing provisions to be embodied in two Acts of the 
General Assembly ; the one, " An Act to incorporate tho North Caro- 
Una Railroad Company," and the other, "An Act to adjust the clairr.a 
of the State against the Stockholders and obligor* of the Raleigh & 
Gaston Railroad Company, to change the State's investment in said 
Railroad, and to aid the construction of the North Carolina Railroad.." 



Statistical Memorandum, 

TO ACCOMPANY THE PROJECT OF THE 



Counties. 
' Wake, 
Chatham, 
Randolph, 
Davidson, 
S j Rowan, 
•5 "j Cabarrus, 



Population 1840. 
21,118 
16,242 
12,875 
14,606 
12,109 
9.250 



Mecklenburg and Union, 18,273 



<g f Orange, 

I Guilford, 

™ j Stokes, 

« I Surry, 

jS I Davie, 

'1 ■{ Iredell, 

Lincoln, Gaston & Cat. 

01 j Montgomery & Stanly, 
•2 I Moore, 

M 



f Rutherford,*, Clea'l'd, 19,202 
. Burke, McDow. & Cald. 15,799 
Wilkes, 
Rockingham, 
Caswell, 
Person, 
~ , Anson, 



Cumberland, 

Johnston, 

Nash, 

Franklin, 

Granville, 



Value of Real Estate, 1847. 
2,052,185 
1,245,814 
1,062,538 
1,156,306 
1,012,469 

833,836 
1,116,016 I un'o 

634,937 J 



104,473 


9,114,101 


24,356 


2,234,376 


19,175 


1,612.262 


16,265 


1,275,940 


15,079 


1,005,737 


7,574 


644,309 


15,685 


933,172 


25,160 


2,088,961 


10,730 


720,684 


7,988 


541,660 


246,427 


$20,171,202 


19,202 


1,364,002 


15,799 


1,665,795 


12.577 


555,666 


13,442 


1,023,794 


14,693 


1,282,405 


9,790 


689,349 


15,077 


1,146,899 


15,284 


1,561,525 


10,599 


919,534 


9,047 


629,012 


10,980 


847,564 


18,817 


1,529,114 



411,732 



$33,989,142 



EXECUTIVE DOCUMENT NO. 5. 



BIENNIAL 



REPORT 



OF THB 



PRESIDENT AND DIRECTORS 



OF THE 



RALEIGH i 

SEATON GALES, PRINTER FOR THE STATE. 

1§48. 



To the Honorable the General Assembly 

of North Carolina : 
I transmit herewith, the biennial report of the Presi- 
dent and Directors of the Literary Fund. 

WILL. A. GRAHAM, 
Executive Department, Nov. 30th 1848. 



; . v 



To the Honorable the General Assembly 

of North Carolina. 
The President and Directors of the Literary Fund, re- 
spectfully present the following, 

REPORT. 

This entire Fund consists of 1st., Bank stocks, 
5322 Shares in the Bank of Cape 
Fear, worth $100 per Share, 532,200 00 

5027 Shares in the Bank of the State 
of North Carolina worth more than 
par, but stated at cost i. e, $100 
per Share, 502,700 00 

2nd — Rail Road Bonds of Raleigh 
and Gaston Company endorsed 
by the State due after the 1st. 

of Jan. 1860. 140,000 00 

Do due Jan. 1st 1849, 4,500 00 

1850, 2,000 00 

1851, 3,000 00 

1852, 5,300 00 



154,800 00 



Of Wilmington and Raleigh 
Rail Company endorsed by the 
State, due Jan. 1st 1843. 50,000 00 

Of Wilmington and Raleigh 
R. R. Co., secured by mort- 
gage on the property of the 
Company in 1837, 85,000 00 

3rd — Bonds of the State execu- 
ted by the public Treasurer, 
under loan ordered by the last 
Legislature, 40,360 00 



4th — Loans, to Wake Forest Col- 
lege, 
Loans to Floral College, 
5th — Stock of Navigation Com- 
panies ; the profits of 75 shares 
in Cape Fear Navigation Com- 
pany, 
Roanoke Navigation Company, 



10,000 CO 
2,000 00 



37,500 00 
50,000 00 






87,500 00 

6th — 6,000 Shares in Wilming- 
ton and Raleigh Rail Road 
Company, of uncertain value, 
cost, 600,000 00 

7th — Amount due from the State for mo- 
nies used in aid of the Treasury, (see 
Treasurer's Report,) 

8th — Taxes on Retailors of spirituous Li- 
quors, 

9th — Taxes, on sales at Auction, 

10th — Entry money for vacant Lands, 

1 1th — The whole of the Swamp Lands of 
the State, not granted, and held by indi- 
viduals prior to the year 1846, estima- 
ted at 1,500 000, acres. 

12th — Cash deposited in Bank, being in 
full of A. C. Dickinson's 1st Bond for 
Swamp Lands, 2271 19 

Two Bonds of the same, due 7th July 1849 
and 1850, each for $2226,65, 4453 32 

6724 51 



In conformity to the Act of Last Session, the bonds 
and evidences of debt, other than Rail Road debts, held 
by the Board, were delivered over to the public Treas- 
urer, on his executing bonds of the State to the Board 
for the sum of $40,360 55. This comprehends, all the 
bonds and judgments ordered thus to be transferred, ex. 



ccptasmall balance, of less than SI 00, now in a coat se 
of collection, which, when received and paid over, will 
terminate the business of the Board, as a Banking Officer. 
It is a source of satisfaction, to the Board, at the end of 
twelve years, since the commencement of this business, 
to state, that not one cent, so far as they are aware, has 
ever been lost to the State, on any loan made by them. 

Suitable Buildings, for the education of deaf Mutes, 
and Blind persons, according to an act of 1S4G, have 
been contracted for, as directed by said act, and are now 
in the course of completion. These buildings are sub- 
ject to your inspection, and the contract will be submit- 
ted to you, whenever required. 

The school for deaf Mutes will be transferred to these 
edifices, as soon as they may be prepared for their re- 
ception. It is in successful operation, with 25 pupils, 
but does not seem yet to have sufficiently attracted pub- 
lic notice, to extend its benefits to all the unfortunate 
persons of this class, intended by the Legislature. Great 
pains have been taken to call public attention to the 
provision of the Law for their education, but many are 
believed to be yet ignorant of the existence of the school 
who stand in greatest need of its advantages. 

The board have to repeat the complaint made by them, 
to the last General Assembly, that the greater part of the 
Counties sending pupils have not contributed as required 
by Law the amounts annually due from them for their 
support, and respectfully ask, that some regulation be 
provided, to secure greater punctualit} 7 . The effect of 
this, is either to throw the whole expense of the Asylum 
upon the Literary Fund, and thus lessen, the amounts, 
devoted to the support of common schools, or, if the Board 
act with rigour, to exclude the pupils of the delinquent 
counties, from the benefits of the Institutien. 

The income of the Literary Fund from all sources for 
the year ending 1st. Sept. 1847, was as follows, viz : 

Dividends of Bank of the State. N. C. $4 1,472 73 
* " Cape Fear, 3 1, .932 00 



Roanoke Navigation Company, 1,375 00 

Cape Fear Navigation Company, 650 00 

Interest on Loans. 3,928 62 

" on Rail Road Bomls, 17,703 oO 

Land Estates, 9,185 67 

Tavern Tax. 2,934 8S 

Auction Tax, 742 39 



109,924 31 
Disbursements in same for school for Deaf 

and Dumb, 3,689 00 

Reserved for same, 1,311 00 

Expended on Swamp Lands, " 243 00 

Loan to Floral College, 2000 00 

Expenses of Board, 906 30 



$S,149 30 
Nett amount distributed for support of 
Common Schools as published in news- 
papers, 101,775 01 
The like income for the year ending Sept 

1st. 1848, viz. 
Dividends of Bank of the State, 41,472 75 

" " Cape Fear, 31,932 00 

" Ronoake Navigation Company, 2,750 00 
" t Cape Fear Navigation Company. 1,300 oO 
Interest on Loans to Wake Forest, and 
Floral Colleges, 720 00 

Interest on Loan to State per Act 1846, 3,681 16 
" on Raleigh and Gaston R. R. bonds, 9,28S 00 
" on Wilmington and Raleigh Rail 
Road Bonds endorsed by the State. 8,000 00 

Interest on Wilmington and Raleigh Rail 
Road bonds, secured by Mortgage 5,100 00 

Land entries, 5> 085 11 

Tavern Tax, 3,499 72 

Auction Tax, 448 25 

Receipts from Counties for Deaf and 
Dumb School, 308 75 

108,585 74 



Disbursements in same tor school for 

Deaf and Dumb, 4,510 00 

Buildings for same, 7,500 00 
For Turnpike Road through Swamp 

Lands, 3,268 75 

Printing and advertising, 341 25 

Expenses of Board, 423 00 

Reserved for Deaf and Dumb School, 490 00 

Reserved for Deaf and Dumb Buildings, 2.500 00 



19,042 60 



Nett amount distributed for support of 
Common Schools as published in news- 
papers, 89,543 14 

The Board regret that they are unable to report any 
improvement, in the condition of the Schools, in the gen* 
erality of the Counties, in the last two years. Indeed 
from the omissions of the Superintendants in a majority 
of instances to make any returns for the year 1847, and. 
from the defectiveness and insufficiency of those receiv- 
ed in 1848, it is difficult to say what is their condition 
and what changes for the better are desirable or prac- 
ticable. 

It seems however to be expedient, to require of each 
county imperatively to raise by local taxation, annually, 
a sum equal to at least one half of that received from 
the State, to the end that schools may be maintained, a 
sufficient portion of each year, in the several districts, and 
to with-hold from any County her share, in the State's 
distribution, until her chairman shall make the report 
now required of him by Law, setting forth his " account 
"of receipts and expenditures of the school fund, the 
" number of children in his County, the number taught 
" in her schools the preceding year, how long the schools 
" have been taught, in the several districts &c. This is 
found to be a common provision in the laws of other 
States, on this subject,and without it, we never shall 
obtain the information necessary for enlightened Legis- 
lation in our own. 




Bat in the opinion of the Board, the indispensible re- 
quisite to even a tolerable administration in school laws, 
is the appointment of a Commissioner to supervise the 
system throughout the State. This has been so often 
urged in previous Reports of the Board and in communi- 
cations of the Executive, that it is deemed superfluous to 
enlarge on it here. 

Having been informed that certain individuals had 
trespassed on the Swamp Lands in Hyde County, which 
have been drained under the direction of the Board, and 
were occupying the same, the Board demanded of the 
Sheriff of that County, to remove them according to the 
provisions of the Statutes, in such cases provided. This 
was accordingly done in May 1847, but these individuals 
pretending some title to the premises, have instituted 
action in the Superior Court of Law for Hyde County 
against the Sheriff for a wrongful removal. The Board 
deemed it but just to indemnify the Sheriff, against any 
costs or damages in the premises, and therefore have 
undertaken the defence of these suits. In view of this 
and other litigations which may arise in relation to the 
Swamp Lands in various Counties of the lower section 
of the State, it is submitted to the Legislature, whether 
it is expedient and proper, to make an enactment au« 
thorizing the President and Directors of the Literary 
Fund, or apy person claiming under them, or justifying 
by their authority, whether plaintiff or defendant, to bring 
or remove his cause into the Superior Court of Law for 
Wake County, where the corporation is located, and 
where the documentary evidence which may be necessa- 
ry to a correct decision, can be easilv obtained. 

The Board advertised a sale of the Swamp Lands in 
Hyde, at public auction, on the 20th of May 1847, and 
disposed of two tracts of timbered Land near Pungo 
Lake, at $10 per acre, on a credit of one, two, and three 
years, in equal instalments, on bond and security, the title 
also being withheld, until the final payment of the pur- 
chase money. A contract having been made by A. C. 



^Dickinson, the purcha-x-i- to doostpnatfi, Turnpike road. 
through the most valuable part of the drained beds from 
Pungo Canal to Long Ridge, which work when completed 
would in the opinion of the Hoard, enhance their value, 
further offers to sell were deferred until it should be fin- 
ished. The contractor gave bond for the faithful exe- 
cution of the work, and constructed it, for between one 
third, and one half, of the distance stipulated, when he 
represented that from difficulties not anticipated on en- 
tering into the contract, he was unable to complete it» 
and appealed to the Board, to accept it, as far as it had 
progressed, at a fair valuation, .and discharge him from 
his obligation. The Board heard the evidence addressed 
by him, in support of these obligations, and a Committee 
of their body visited the work, to satisfy themselves on 
inspection. Becoming convinced that it was impracti- 
cable, at the price stipulated, or upon any terms which 
they would be justified in adopting, and perceiving that 
the portion, which had been finished, extended into the 
most valuable part of the public lands, from the canal 
and road heretofore made through the same, the Board 
acceded to the request of the contractor, agreeing to re- 
lieve him from his contract, on his acknowledgi ng the 
sum heretofore received by him, to- wit, 3,268 75 to be 
in full satisfaction for the work performed. Though uot 
affording all the advantages expected from its comple* 
tion, through these lands, as originally desired a this road 
affords access to the best portion of them, and will be 
highly useful in opening them to the easy inspection, of 
those desiring to purchase. 

The Board are of opinion* that these lands, or at least 
a large part of them should be at once brought into mar- 
ket, and have only delayed a second sale, in waiting for 
the construction of a Turnpike road. Unless the Legis= 
lature shall direct otherwise, they design again to offer 
them for sale, early in the ensuing spring. 

All the Swamp Lands, not granted to individuals, be- 
ing transferred to this Board as a part of the School fund; 
offers have been recently mad?, to purchase other tracts, 



DO 

than those which have been drained at the public expense, 
And the Board have adopted a general regulation, to sell 
to the first applicant, in all such cases, upon a survey 
made by the surveyor of the County, where the land lies, 
and a valuation fixed by disinterested persons, selected 
for that purpose. This description of the public land, it 
is understood, is frequently trespassed on and pillaged of 
its timber, which in its present state, is the chief element 
of its value, and it is therefore good policy, to dispose 
of it, at reasonable prices as speedily as possible. Ly- 
ing in detached parcels, and often in remote situations, 
it cannot be guarded from depredations of this kind. The 
agents of the Board, who have been appointed to treat 
with the applicants above referred to, have reported no 
sale actually made. 

Kespectfnlly submitted, 

WILL. A. GRAHAM. 
Ex-Officio Presdentof Lit. Board. 
Office of Literary Board, Nov. 30th 1848. 



EXECUTIVE DOCUMENT NO. 6. 

MESSAGE 

FROM 

HIS EXCELLENCY, THE GOVERNOR; 

TRANSMITTING 

A Memorial of the National Medical 

Convention, held in Philadelphia, 

in May 1847. 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 
1848. 



MESSAGE, 



To the Honorable 

The General Assembly of North Carolina : 

At the request of the National Medical Convention, 
held at Philadelphia in May 1847, I herewith transmit 
their Memorial, praying a legal provision for the Gen- 
eral Registration of Births, Marriages, and Deaths, in 
the several States of the Union. 

The important considerations, which recommend such 
a regulation, for your adoption, are so lucidly and intel- 
ligently set forth in the memorial itself, as to require no 
further comment. 

WILL: A. GRAHAM, 
Executive Department, ) 
Dec, 2d 1S48 \ 



LETTER. 

To his Excellency, Hon. W. A. Graham, 

Governor of North Carolina : 
Sir : 

The following Resolutions were adopted by the 
National Medical Convention held at Philadelphia, in the 
month of May last. 

" Resolved, That it is expedient for this Convention 
to recommend to, and urge upon, the various State Gov- 
ernments, the adoption of measures for procuring a Reg- 
istration of the^Births, Marriages, and Deaths, occurring 
in their several populations. 

"Resolved, That the paper hereto annexed be adop- 
ted as the voice of the Convention, be printed, signed by 
its Officers, and transmitted, under their direction, to all 
the State Governments of the Union." 

In compliance with the second of the above Resolu- 
tions, I have the honor to transmit to you the enclosed 
Memorial. 

Your very obedient Servant, 
ALFRED STILLE, 
Sec, 
Philadelphia, Nov. 10th 1847. 



The United States National Medical Convention, 
assembled in the City of Philadelphia in May, 1847, de- 
sirous of the promotion of the true and vital interests of 
the people of their common country, in all their varied 
locations, circumstances and conditions, do respectfully 
recommend to the governments of the several States of 
the Union, the adoption of measures for a General Reg- 
istration of the Births, Marriages, and Deaths, which 
may occur within their respective borders. 

No effort need here be expended in elucidation of the 
more ordinary purposes for which such a Registration 
should be universally adopted, such as proofs of lineage, 
rights of dower, and bequests of property. The impor- 
tance of these cannot but be perceived on the least re- 
flection. 

But there are reasons more profound and far reach- 
ing, results more important to the welfare and glory of 
man, obtainable by this measure, which not only justify, 
but demand its early adoption, and thorough consumma- 
tion. 

There are two facts to be noticed in this connection, 
which may not be denied: — 

First. Upon the circumstances connected with the 
three important eras of existence, birth, marriage and 
death, are dependent, to a very great extent, the physic- 
al, moral and civil condition of the human family. 

Second. A knowledge of these circumstances is ne- 
cessary for a full comprehension of important means for 
the certain advancement of the population of States, in 
prosperity and civilization. 

To the political economist and vital statist, the laws 
which regulate and control the lives and destinies of the 
people of the present, cannot be a subject of indifference ; 



— to the legislator and statesman, ignorance of them i* 
a bar to the full appreciation of their responsibility to 
the people of the future. The philosophy of increase of 
population is intimately connected with, and dependent 
upon, the proposed measure, and can be properly learned 
only from its facts and deductions. In countries longer 
settled than ours, this science has come to be one of pro- 
found importance to those who are called to legislate for 
the future as well as for the present. For example : — 
The population of England has increased, as the census 
prove — and the excess of births over deaths leaves be- 
yond a doubt — in a genometrical progression for forty 
years, and at a rate by which, if continued, it will double 
every forty-nine years. Whether the means of subsis- 
tence keep pace with that increase, or whether the den- 
sity of populatian will, ere long, be too great for its area, 
are important questions to be decided by their own 
statesmen. 

An increase of population has, however, nothing in 
it irresistible or inexorable ; it consists in nothing but an 
increase of the births over the deaths — and will be sus- 
pended if the births cease to maintain the same ratio to 
the population ; and the births may always be reduced 
rapidly, by retarding the period and number of the mar- 
riages, without taking into consideration the increase by 
Immigration. Circumstanced as this country is now, 
with its millions of unreclaimed acres, its exhaustless re- 
sources of subsistence and wealth, in its mountains and 
valleys, in its mines, rivers and forests, it would be ju- 
dicious to invite, even with the vast immigration to be 
expected, rather than discourage, an increase of a native 
population, by encouraging early marriages, provided 
that thereby immorality or misery in any form, will not 
advance with them. 

_ But before we can make any recommendations on this 
subject, or before we can even intelligently discuss it, we must 
have a knoweldge of the facts as they are. By commencing a 
Registration now, our successors will be furnished with the 
necessary material in time for any exigency that may arise. 

Conclusive evidence is furnished to us of the value of a 
well-digested system of Registration for the improvement of 
the people in their moral and physical condition, and in the 
length of their lives, From the facts obtained thereby, are 
deducible the rules and inferences of health, and the sources 
of disease and premature mortality — many of which need but 
be known to be avided. Coincident with improvements in the 
health and condition of individuals, are increase of years, and 
advancement in private and public morals, and in the strength 
and virtue of the State, 



Among the first communities to establish a system of Re- 
gistration of Births, Marriages and Deaths, was Geneva, where 
it was begun as early as 1549, and has since been continued 
with great care. The registers are there viewed as pre-ap- 
pointed evidences of civil rights, and it appears that human 
life has wonderfully improved since they were kept. The 
mean duration of life increased more than five times from 1550 
to 1833 ; with the increase of population, and more prolonged 
duration of life, happiness also increased; though with advan- 
ced prosperity, marriages became fewer and later, and thus the 
number of births was reduced, a greater number of infants born 
were preserved, and the number of adults — with whom lies 
the true greatness of the state — became larger. Towards the 
close of the 17th century, the probable duration of life was 
not twenty years — at the close of the 18th century it attained 
to 32 years — and now it has arrived to 45 yeaTs ; while the re- 
al productive power of the population has increased in a much 
greater proportion than the increase in its actual number, and, 
Geneva has arrived at a high state of civilization. 

These results, so glorious for individuals, for the community 
and for humanity, are derived from the better knowledge and 
understanding of the science of life and health, the data for 
which are furnished by the statistics of the Registers. 

The information obtained by the Natural History surveys, 
which have been made by many of the States of the Union, is 
directly interesting only to a very small number ; — while the 
facts and inferences deducible from a sanatary survey and re- 
gistration, interest and benefit, directly, the great mass of the 
people, for all are interested in their personal condition. Thus 
are produced in them more expanded views of the worth of 
life, and the necessity for its preservation ; a more thorough 
appreciation of the importance of purity in the piincipal sour- 
ces of its continuance, air and food ; more attention to the com- 
forts of dwellings and clothing, more refined sensibilities, great- 
er energy, and a better regulated state of public and private 
morals. These results have been obtained in Geneva. 

In Prussia, these measures are attended to in a mode de- 
serving the highest commenation. Every fact relating to the 
health, lives and condition of the population, is there collected 
with great care by a central officer at Berlin, and published for 
the benefit of the people. The most beneficent results have 
accrued from the admirably arranged statistical returns made 
for several years 'past in England. Of more than one large 
town, but of Liverpool especially, it was ascertained that the 
mortality was great/and the average age at death of the popu- 
lation low, whereas before, the inhabitants had boasted of their 
salubrity and longevity. The registration has, to them, truly 
proved the means of increase of health and years, after remo- 
ving from their eyes the scales which blinded them to their 
own destruction. 

In many of the European States besides those mentioned. 



facts in connection with this subject are registered andjcollated, 
in the most scientific and systematic manner, and, to use the 
language of a distinguished American statist, " whatever we 
Americans may say to the contrary, the average longevity, in 
many places, where these measures have been in operation, 
appears greater than with us." Indeed we have no little rea- 
son to apprehend that unless something is done to arrest the 
progress and pressure of the causes of premature mortality in 
this°country, we shall be in danger of possessing only a very 
young and immature population. The average age of death 
in many of our large cities, as far as returns enable it to be 
shown, is under 20 years, a fact which can only be due to the 
unfavorable physical circumstances of the people, and their 
ignorance of the true means of living and avoiding disease. 

The registers of the ancient Romans, which were preserv- 
ed with great care, and recorded the births, sexes, periods of 
puberty, manhood, age at death, etc., kept by order of Domi- 
tius Ulpianus, prime minister of Alexander Severus, afford us 
the means of ascertaining the mean duration of life in Rome 
nearly 2000 years ago, and comparing this with the results of 
estimates made at the present day in places where similar re- 
cords are kept, we are thus enabled to establish the gratifying 
fact of the great extension of the average period of human life 
in various cities and countries. 

Of the results obtainable by the suggested measure, in 
connection with the census returns now regularly made in each 
of the United States, not the least important and desirable are 
tables exhibiting the probabilities or expectation of life. 

By this simple and elegant method, the mean duration of 
life, uncertain as it appears to be, and as it is } with reference to 
individuals, can be determined with the greatest accuracy in 
nations, and in still smaller communities. This is important 
not merely in reference to the payments of life annuities, and 
the business of life insurance, whose great value is but just be- 
ginning to be felt in this country, but it is of inestimable interest 
as determining to individuals their probablities of living in their 
different classes, occupations, locations, and habits. " As it 
might be expected from the similarity of the human organiza- 
tion, that all classes of men would, cateris paribus, live, on an 
average, the same number of years, it becomes important to as- 
certain whether this be the case, and if it be not, to determine 
to what extent life is shortened in unfavourable circumstances. 
The Life Table answers this purpose, and is as indispensable 
in sanatary inquiries as the barometer or thermometer, and oth« 
er instruments, in physical research. Upon applying it to any 
number of well-selected cases, the influence of any external 
cause, or combination of causes, can be analyzed ; while with- 
out its aid, and extended observation and calculation, we are 
liable to be misled at every step by vague opinions, well-con- 
cocted stories, or interested statements, in estimating the rela- 
tive duration of life j which can no more be accurately made 



out by conjecture, than the relative diameters of the sun, moon f 
and planets of our system." Fifth Annual Report of the Reg. 
istrar- General in England. 

If these things are so, and of their truth there cannot remain 
the shadow of a doubt, it is plain that with this measure are en- 
twined the highest earthly interests of humanity, and it belongs 
to the legislators of the New World, the guardians and custodi- 
ans of the interests and glory of the American Rupublic, to con- 
sider well ere they longer postpone the adoption of a measure so 
essential thereto. " A comparison of the duration of successive 
generations in England, France, Prussia, Austria, Russia, Amer- 
ica, and other States, would throw much light on the physicial 
condition of their respective populations, and suggest to scien- 
tific and benevolent individuals in every country, and to the 
governments, many ways of diminishing the sufferings, and me- 
liorating the health and condition of the people ; for the longer 
life of a nation denotes more than it does in an individual — a 
happier life — a life more exempt from sickness and infirmity — 
a life of greater energy industry — of greater experience and 
wisdom. By these comparisons, a noble national emulation 
might be excited, and rival nations, would read of sickness di- 
minished, deformity banished, life saved — of victories over 
death and the grave — with as much enthusiasm as of victories 
over each other's armies in the field; and the triumph of one 
would not be the humiliation of the other, for in this contention 
none would lose territory, or honor, or blood, but all would gain 
strength." (Idem.) 

JONATHAN KNIGHT, M. D., Conn., PresU. 
ALEXANDER H. STEVENS, M. D., N. Y. *) ^ 
GEORGE B. WOOD, M. D., Pa. ! ^ 

A. H. BUCHANAN, M. D., Tenn. [ 2 

JOHN HARRISON, M. D., La. J £ 



D D. ARNOLD, M. D., Ga. ) £ 

STILLE, M. D., Pa. S ?. 

BELL STEWART, M. D., N. Y. ) • 



EXECUTIVE DOCUMENT NO. 7, 

REPORT 



OF THE 



Internal Improvement Board, 



TO THE 



LEGISLATURE 



OP 



NORTH CAROLINA 



RALEIGH ; 

SBATQN OALES, PRINTER FOR THE STATE, 
1848. 



To the Honorable the General Assembly 

of North Carolina. 
I transmit herewith the Report of " the President and 
Directors of the Board of Internal Improvement." 

WILL. A. GRAHAM. 
Executive Department, Dec. 14th 1848. 



irnu 
9MJ 



To the Honorable the General Assembly of 

North Carolina : 
The President and Directors of the Board oflnternal 
Improvements, as required by law 

REPORT, 

That in pursuance of an Act, of the last Legislature, 
entitled "an Act to provide for the transfer of certain 
funds from the Internal Improvement Fund, to the Public 
Treasury," the President of this Board, on the 17th of 
March last, delivered over to the Public Treasurer, all 
the bonds held by it, together with the sureties for the 
same, and took his receipt therefor ; a copy of which, de- 
scribing the particulars received is appended hereunto. 

The Board did not deem it expedient, to sell the Club 
foot and Harlow's Creek Canal, under the authority con- 
ferred on them by an Act of the General Assembly in 
1846, and it has expired by the limitation therein con- 
tained. In its present condition, it would bring no price 
which would be an inducement to sell, and it may at 
some future time, become a part of an important system 
of State Improvements, it may be well however to pro- 
vide for its preservation in the mean time, and to prevent 
any obstruction of its free use, in its present condition, by 
the erection of bridges across it, or cutting ditches into 
it, to drain adjacent lands ; by both of which operations, 
it is said to have been injured heretofore. 

The Board has had no public work under their charge 
and held no session until the present, for the last two 
years. 

They subjoin the Reports of the various incorporated 
companies, owning public works in the State, who are 
required to make returns to them, excepting the Bun- 



combe Turnpike Company, from wham none has been 
received. 

That of the Roanoke Navigation Oompany is marked A. 

M of the Cape Fear Navigation Company is marked B. 

" of the Wilmington and R. R. Company, C. 

" Petersburg R. Company and Greenville and Roa- 
noke R. R.,D. 

Respectfully submitted, 

WILL. A. GRAHAM, 
President Internal Improvement Board. 



STATE OF NORTH CAROLINA. 

In pursuance of the Act of the last Session of the Gen- 
eral Assembly, entitled "The Act to provide for the trans- 
fer of certain Funds from the Internal Improvement 
Fund to the Public Treasurer, and ior other purposes." 
I have received from Gov. Graham, President of the 
Board of Internal Improvement, the following Bonds, to 
wit : 

1. A Bond of the Portsmouth and Roanoke Rail Road 
Company, at six months after date, with interest from 
date, for the sum of $7,945 40, and dated 20th of May. 
1842 ; on which is endorsed as follows, viz : of this Bond 
87,445 79 is principal, and $499 61 is Interest. Also, 
September 3d, 1842, a receipt for the sum of $900 00, in 
part payment of the same. With this, also, is received 
another Bond of the said Company, at six months, with 
interest from date, and dated 10th day of November, 
1838, for the sum of $12,500 ; with sundry payments en- 
dorsed, which reduce the debt to the sum stated in the 
Bond first above mentioned. Likewise, two debts of 
trust on the Weldon Toll Bridge to secure the above 
debt, one dated the 21st of May, 1839, and the other 20th 
of May 1842 — which have been duly proved and regis- 
tered. 

2 Also, received a note of Battle and Brothers, Bar- 
nett Bunn and Redman Bunn, dateed September 1st, 
1845, at six months, with interest from date, for the sum 
of $5,000, with payments of interest endorsed to the 1st 
of March, 1847. 

3 A Bond of Allen Grist and R. Hines, dated 9th June, 

1845, for $313 50. 

4 A Note of John H. Hill, John Hill and Wm. C. Ford, 
dated January 12th, 1846, at three months, with interest 
from date, for $950, with a payment endorsed, June 18th, 

1846, of $28 50. 

5 A Note of S. E. DeRos&ett, M. H. Waddell and 
Hugh Waddell, with interest from January 3d, 1845, for 
#1,814 23, with a payment endorsed of $300, December 
1st, 1845, and of 8950, January 12th, 1846. 



6 A Note of Jane Craig, John Berry and James H. 
Christil, dated and bearing interest from September 17th 
1845, for the sum of $200, with endorsed payments of in- 
terst to March 17th, 1847. 

Done this the 14th May, 1847. 

C. L. HINTON, Pub. Treasurer. 



[A.] 



Raleigh, Nov. 25, 1848. 
Gentlemen : 

I herewith transmit to you the annual Report of the 
President and Directors to the Stockholders of the Roan- 
oke Navigation Company, for the year ending 30th 
September, 1848, with the Report of the Treasurer, and 
a Statement showing the state and condition of the Com- 
pany at that date. 

I am very respectfully, 

Your obedient servant, 

A. JOYNER. 
To the Board of Internal Improvements, > 
Raleigh, N. C. S 



REPORT 



The Board of Directors of the Roanoke Navigation 
Company, in making their Annual Report to the Stock- 
holders, perform a pleasing duty. In their Report last 
year, they ventured the expression of a hope that no cir- 
cumstances would, in all human probability, during the 
present year, mar the prospects of the Company, notwith- 
standing the short Crops of Tobacco last year, and the 
diminished quantity coming down our rivers. So strong 
and so growing is the conviction in the minds of the 
planters of the Roanoke Valley, of the great advantages 
held out by our works for a cheap and safe transporta- 
tion of their commodities to market, that your receipts 
for the year IS48, from other products, are within a frac- 
tion of the Company's income during the last. The 
works of the Company are so well and so permanently 
constructed, that few repairs have been necessary, and 
no unusual disbursement has been called for. On the 
25th of May last, your Directors declared a half yearly 
dividend of two per cent., out of the profits of the first six 
months of the present fiscal year, and they would now 
recommend to you a dividend of one and a half per cent. 
out of the profits of the last six months of the present 
fiscal year, ending on the 30th of last September. This 
will leave a surplus in the hands of your Treasurer of 
three hundred and thirteen, SS^-lOO dollars. 

Your Directors take great pleasure in commending 
the fidelity of the offices of the Company. All the mon- 
ies which have come into their hands have been faithful- 
ly accounted for, and trie severest scrutiny has detected 
no errors in. their accounts. For a full and complete 
view of your affairs, we herewith append the Report of 
the Treasurer, to which we would invite your particular 
attention, 



In their last Report, your Board of Directors ventured 
to express a hope that a communication would be speed- 
ily opened with the seaboard by means of the resuscita- 
tion of the Portsmouth and Roanoke Rail Road ; but 
they regret to state that this consummation of their hopes 
is now apparently further off than ever ; yet even now 
they have a faint expectation that this Road is not final- 
ly abandoned. Something is hoped from the liberality of 
a Virginia Legislature, and much from the enterprize of 
the citizens of Norfolk. 

No improvement challenges so strongly the favorable 
regard of the people of the Roanoke Valley. It is for you 
to determine whether you will, in your corporate capacity, 
take any measures for presenting this subject to the 
planters of the Roanoke and its branches. In conclu- 
sion, your Board of Directors will lay down the powers 
with which your body has clothed them, with a strong 
confidence that the interest of the Company has received 
no detriment while entrusted to their hands. 

SAMUEL PANNILL, President, 
« Weldon, October 28, 1848. 



10 

Annual Report of the Treasurer to the President and Di- 
rectors of the Roanoke Navigation Company. 

The balance remaining in the hands of the 
Treasurer at the date of the settlement on the 
30th October, 1S47, amounted to $18,588 294 

Since which time, the following sums have 
been received, viz: 

Interest on $3000 of 6 per cent stock issued 
by the State of Virginia, and due 1st January* 
1848, 89 55 

Hire of Negroes, 102 10 

Water rents at Welden, 305 00 

Water rent at Eaton's falls, 40 00 

Sale of $3000 of 6 per cent stock issued by 
the State of Virginia, 3,060 00 

Tolls collected at Gaston for the year ending 
30th Sept. 1848, $14,9SS 90 

Less commissions for collecting tolls, 599 55 

14,389 35 

Tolls collected at Weldon, for the 
same time, 5S8 10 

Less commission for collecting tolls, 29 38 

— «_ 558 62 



$37,132 9l£ 
Deduct payments, disbursements,^. 
viz: 

Payments to Stockholders for divi- 
dends, $18,613 00 

Payment made for the purchase of 
$5000 of 6 per cent U. States Stock, 5,226 31 

Payment for improvements and re- 
pairs, 1,534 17 

Payment for salary of Treasurer 
and Secretary, 550 00 

25,923 48 



11 

Leaving a balance in the hands of the Treasu- 
rer of 811,209 43* 
The receipts during the year which 
constitute the dividend fund,amount 
to the sum of 1 5,484 68 

Deduct disbursements for improve- 
ments and repairs, . 2,084 17 



13,400 45 



Add surplus remaining when the 
16th dividend was declared, 769 43$ 



Aggregate dividend Fund for the 

year, 14,169 8Sh 

Deduct 2 per cent dividend declar- 
ed 25th May, 1848, 7,918 00 

* A dividend of \h per cent, on 
$395,900, the present capital stock of 
the company will amount to 5,938 50 

13,556 50 



And leaving a surplus due dividend fund of $313 38$ 

A. JOYNER, Treasurer. 
Weldon, October 30, 1848. 



* The capital stock of the Company originally, was 
$412,000, but has been reduced to $395,900 by purchas- 
es, made by the Company of stock belonging to insolvent 
subscribers. 



12 

State of the Roanoke Navigation Company for the year 
ending 30th September, 1848. 

'Ti" - 

Amount of individual subscrip- 
tion unpaid, $ 12,146 71 

Expended in the construction of 

the work, 424,555 02 

Expended in repairs, 24,640 50 

Dividends declared from the 

commencement, 127,424 25 

Property now held by the Com- 
pany, viz : 

United States 6 per cent stock, 

which cost 5,226 31 

16 Negro men, 3 Batteaux, and 

sundry tools, 5,300 00 

Cash on hand 30th Sept. 1848, 11,209 43* 

Original capital stock $412,000, 
in shares of $100 each, 

Subscribed by individuals 2820 
shares, 

Subscribed by the State of Vir- 
ginia 800, 

Subscibed by the State of North 
Carolina 500, 

Sales of Negroes 

Premium on Bills of Exchange, 

Discount on N. Carolina Bank 
notes, 

Profit made on Bank stock, 

Interest collected from Stock- 
holders, 8,401 20 

Interest received on $3000 of 

, 6 per cent, stock of State of 

Virginia, 1,537 85 

Tolls, rents,&c. from commence- 
ment of work, to date, 157,526 95 A 

Dividends remaining unpaid, 10,813 25 



$282,000 


00 


80,000 


00 


50,000 


00 


9,628 


55 


345 


68 


14 


24 


4,719 


50 



13 

O ver-p'd by Stockholders.whose 

stock has been sold, 51 80 
Balance in favor of the Compa- 
ny, 5,463 20 

■ ■ 

$610,%02 22* $610,502 22* 

A. JOYNER. 



[B.J 



REPORT. 

The books and accounts of the Cape Fear Navigation 
Company, are balanced annually on the 1st of June, pre- 
paratory to the Annual Meeting of the Stockholders. — 
Herewith you have a general statement of the amount 
as balanced 1st June last: 
The Capital Stock then consisted of 1843-4 

share at $50 each, 92,162 50 

Of which the State own 650 shares, 32,500 00 

The Company during the last season removed 1632 ob- 
structions from channel of the River — logs, trees and 
stumps, with roots,&c*,at an expense of $1,346 17. They 
are this season doing considerable work which will be 
embraced in next report. 

The tariff of tolls was changed in the Fall of 1846 from 
a specific charge, to 124 per cent on the amount of freight, 
and the change has resulted in an increase of the tolls of 
about 50 per cent.,comparing the year ending June, 1848, 
with the year ending June 1S46 — the tolls collected last 
year being $5,010 22. The rates of freight have been re- 
duced, and as a consequence, the transportation has in- 
creased — the through freight amounted last year to $40,- 
081 97. 

The Company, besides paying for the improvements on 
the River, were enabled to declare two dividends of Si 
per share each, and payable on 1st Sept. and the other 
1st March last. 

For any further information, I beg to refer to a Report 
to the Board to June, 1838, giving an extended history of 
the operations of the Company. 

I am, respectfully, 

GEO. McNEILL, Agent 
C F. N. Company. 

Fayetteville, Nov. 1, 1848. 



15 



A General Statement of lite Accounts of the Cape Fear 
Navigation Company, June 1, 1848. 



COMPANY DRS. 

To Capital Stock 1843 1-4 shares, 92,162 50 

Profit and Loss, 69,702 86* 

Dividends unpaid. 4,662 89 

Dividend Fund, 11,85164 

Interest 1,011 14 

Tolls on River, 5,010 22 



184,401 25 

COMPANY, CRS. 

By Real Estate, 683 40 

■ Canal near Fayetteville, 59,933 63 

" Canal near Haywood. (Buckhorn) 44,028 25 

" Cape Fear River, (above Fayetteville) 13,175 92 

" Bonds and Notes, 785 74 

"■ Cape Fear River (below Fayetteville) 61,215 59 

" Contingent expenses, 3S3 11 

" Open account, 2,224 OS 

"■ Cash account, 1,97160 



184,401 25 
GEO. McNEILL, Treas. 

C. F. N. Company. 
Fayetteville, June 1, 1S48. 

* This item embraces the reduction of Stock from 
$100 to $50 per share. 



[C] 



REPORT, 

OF THE EXAMINING COMMITTEE ON ACCOUNTS, &C. 

We, the Committee, pursuant to the appointment made 
at the last Annual meeting of the Stockholders of the 
Company, for the purpose of investigating the affairs of 
the Company for the year ending the 1st October, 1S47, 
beg leave to report, that, we have carefully examined 
the accounts of the Company, compared the vouchers, 
way and freight bills, with the entries in the books, and 
find the same correct. 

We find the total liabilities of the Company on the 1st 
day of October, 1847, amounted to $641,026 00, which 
sum is made up of the following items, viz: 
For Bonds sold in England, bearing 5 per 

cen f .» interest, $22^,666 67 

" " endorsed by the State of N. Caroli- 
na, at 6 per cent, interest, 250,000 00 
* " due the Literary Fund of N. Caro- 
lina, at 6 per cent, interest, 85,000 00 
" Bills payable at Bank and to indi- 
viduals, at 6 per cent, interest, 21,694 54 
For Scrip bonds to Contractors, at 6 pr. ct. int. 1,793 43 
For negro bonds due 1st Jan. 1843 do do 505 00 
do do " " 1845 do do J394 00 
do do " " 1846 do do 545 48 
do do " " 1847 do do 2,99.9 00 
do do " " 1848 do do 18,523 50 
amount due on pay rolls and to sundry in- 
dividuals for materials, labor, &c, 36,404 38 



$641,026 00 



17 

Amount of Receipts from Rail Road and Steam Boats 
for the year ending 1st October, 1847, viz: 
Rail Road, 194,128 89 

Steam Boats 137,35131 331.480 20 



Amount of expenditures for Rail Road and Steam Boats 
for the same period, viz r 

Rail Road, 140,995 32 

Steam Boats, 118,947 28 259,942 60 



Net profits of Road & boats, $71,537 60 

We further report there was in the hands of the Trea- 
surer of the Company on the 
1st day of Oct. 1846, in cash, 3,358 56 

That there was due the 
Company from individuals, 
and in the hands of Agts. &c. 7,704 09 
Together with the sum of 71,567 6<> 

Net profits of Road & Boats 
for the year ending 1st Oct., 
1847, making the sum of $82,630 25 

That of the above sums 
there has been applied to the 
payment and reduction of the 
debts of the Company, 27,791 52 

To the payment of interest, 37,121 82 
For survey of the Wilming- 
ton and Manchester Road, 100 00 
For damages on Tobacco, 129 85 
That there has been lost by 
counterfeit anduncurrent mo- 
ney, 501 25 

Due the Company from in- 
dividuals and in the hands of 
Agts. 1st October, 1847, 7,529 24 

In the hands of the Treasu- 
rer of the State of N. Caroli- 
na to pay interest, 909 42 



i 



13 



In the hands of the Treasu- 
rer of the Company, in cash, 
1st Oct. 1847, 



8,547 18 



$32,630 25 



Comparative statement of the Annual Receipts, Expen- 
ditures, and Profits of the Company, together with a 
statement of the Rates of Fare, and number of pas- 



sengers. 



Years. 



1941 
1842 
1843 
1844 
1845 
184G 
1847 



Receipts. 



297,2-28 39 
211,977 48 
286,172 99 
269,523 75 
288,493 45 
317,822 49 
331.4S0 50 



Expenditures 



241,945 34 
180,892 65 
148,166 17 
203.633 24 
212,091 20 
289,682 45 
259,912 60 



Profits. 



52,283 05 
31,084 83 
78,006 82 
85,900 51 
76,402 25 
28,140 04 
71.567 60 



Wo. of Passe njrprs. 



Rates oil 


Through 


Way. 


Fare. 






$20 


9742 


5498 


13* 






13 


8450 


13574 


13 


10358 


16041 


12 


14018 


16393 


12 


11885 


2349S 


10 


12997 


,25396 



*Part of papers destroyed by fire. 



19 



PERSONS IN THE EMPLOY OF THE COMPANY. 

Salary. 

A President, $2,000 00 

1 Secretary and Treasurer, 1,500 00 

1 Superintendent of Road and Repairs, 1,200 00 

1 Steam Boat Agent at Wilmington, 1,000 00 
1 " " and Mail carrier at 

Charleston, including wharf hands, 1,400 00 

1 Clerk to Treasurer, 600 00 

1 Transportation Agent at Wilmington, 800 00 

1 Agent at Weldon, 800 00 

1 Superintendent of Shops and Machinery, 1,000 00 
6 Finishers in shops at $2 00 per day. 



1 


u 


at 


1 


75 


(i 


1 


(1 


at 


1 


37* 


la 


1 Blacksmith, 


M 


at 


2 


125 


.« 


2 


« 


at 


2 


00 


K 


3 


• < 


at 


1 


87* 


• t 


1 " 


« 


at 


1 


75 


" 


1 " 


M 


at 


1 


50 


•f 


1 Pattern maker, 


U 


at 


I 


66 2-3 


(1 


1 Moulder, 


it 


at 


2 


00 


'«( 


1 


u 


at 


1 


37£ 


u 


1 Helper, 


u 


at 


10 


00 per 


month. 


1 


(1 


at 


8 


00 


(i 


3 Apprentices, 


u 


at 


18 


00 


« 


2 


«< 


at 


16 


00 


(• 


3 


«( 


at 


15 


00 


i« 


1 


l< 


at 


14 


00 


ii 


1 « 


«( 


at 


12 


50 


a 


2 Boiler makers, 


u 


at 


2 


00 per 


' day. 


1 


u 


at 


2 


12* 


u 


1 " * 


u 


at 


11 


67 per 


month. 


5 Train agents, 


<( 


at 


42 


00 


•« 


10 Engineer, 


(( 


at 


60 


00 


<t 


1 


u 


at 


25 


00 


<« 


10 Firemen, 


H 


at 


20 


00 


« 


3 Train hands, 


it 


at 


18 


00 


H 


19 


II 


at 


10 


00 


U 



20 



J. Watchman at 








Wilmington, " 


at 


30 00 


« 


1 Carpenter(Mas- 








ter, Wilmington, " 


at 


60 00 


ii 


1 Carpenter, " " 


at 


1 50 per 


day. 


3 " " " 


at 


1 37$ 


it 


1 (( u a 


at 


1 3H 


<< 


4 a » tt 


at 


1 25 


u 


4 a a a 


at 


1 00 


ii 


2 Negroes "(included 






in Negro Bonds,) 




16 73 per 


month, 


4 Yard hands in " 




10 00 


a 


1 Car Repairer, 




1 37$ per day. 


3 " " 




1 121 


a 


I it << 




1 00 


« 


1 <( (« 




83§ 


« 


15 Overseers of Road rep's 


30 00 per month 


1 


<t 


35 00 


U 


2 Laborers on 


a 


6 00 


it 


1 u on 


it 


7 00 


ii 


1 " on 


(( 


7 50 


ii 


8 " on 


a 


10 00 


« 


2 " on 


a 


8 00 


l< 


6 " on 


U 


9 00 


« 



1 " on " 5 83J " 

1 MasterCarpenter on Road ,60 00 " 
3 Negro " " 17 50 - 

3 " " "15 00 « 

1 " " " 12 50 « 

1 " « " 10 00 " 

1 White " " 30 00 " 

2 " " " 25 00 " 

1 Bridge minder, 50 00 per annum. 

9 Agents at Depots and Water Stations, aggregate 

$1,716 80 per annum. 
203 Negroes on Road Repairs, included in Negro bonds 
STEAM BOATS. 

3 Captains, $1,000 per annum. 
1 •« 600 



SI 



3 First Mates. 






420 


3 Second " 






fi40 


4 First Engineers. 






720 " 


3 Second 






480 


8 Firemen, 






240 '* 


6 Wheelsmen, 






192 


9 Deck hands, 






10 00 per month 


3 " (included in Negro 


bonds,) 


100 00 per annum 


3 Stewards, 






20 00 per month 


3 Stewardesses, 






8 00 « 


6 Waiters, 






10 00 " 


3 Cooks, 






15 00 " 


6 Knife boys and S 


cullions, 




6 00 " 


1 Carpenter, 






2 00 per day. 


2 " 






1 50 " 


2 






1 25 •' 


1 






1 00 " 


1 






$20 per month. 


10 Wharf hands, ir 


icluded in Negrc 


• bonds. 



458 



• Your Committee have observed that materials, tools 
and provisions are purchased, kept and disbursed by the 
various Agents of the different departments ; the conse- 
quence is we think, that goods are purchased to greater 
disadvantage, they are not kept in as good order and ta- 
ken care of as well as if kept by one separate Agent,and 
not so -well disbursed and accounted for ; moreover the 
time and attention of the different Agents is taken from 
their legitimate duties to attend to them, and again, a 
general storekeeper, if properly established, would serve 
as a check upon the purchases and disbursements of the 
company. They therefore recommend the establishment 
of a Commissary office. 

Respectfully submitted, H. NUTT, 

J. GRISWOLD, 
WM. S. BAKEK. 
Nov. 5th, 1847. 



32 

The Committee having had access to various authen- 
tic statistics, and having bestowed some considerable 
time and attention to the matter of a Rail Road connex- 
ion with the Wilmington and Raleigh Rail Road, and the 
South Carolina Rail Roads, deem it proper to present 
their views as to the result of such connexion. 

Jt will be seen by the foregoing comparative table.that 
the through travel has increased from the year ending 
1st October. 1841, to the year ending 1st Oct. 1847,about 
22 per cent., and that for the same period the way travel 
has increased upwards of 350 per cent., while the freight 
has increased in about a corresponding ratio with the 
way travel. 

Now keeping in view the above gradual increase of 
through or long travel, and the great annual increase of 
the way travel and freight, all of which are matters of 
fact and of record, together with the vast increase which 
must inevitably occur by a Rail Road connection instead 
of the present (undeservedly unpopular, though safe)con- 
nection by Steam Boats, the extension of the South Car- 
olina, Georgia and Alabama Rail Roads, those of Geor- 
gia going rapidly onward into the heart of Tennessee,and 
will ere long probably reach the Mississippi river, and 
the increased intercourse between the Atlantic States and 
Louisiana, Texas aad Mexico, they think they hazard 
nothing in saying, that in addition to the regular annual 
increase, there would be a further increase of at least 
100 per cent, in the through travel on the completion of 
such connection; but to be within bounds, with an earn- 
est desire not; to misstate or deceive any one, they make 
the following statement based upon an increase of only 
50 per cent., which they believe, when duly considered, 
must be manifest to any person. They, thereiore, res- 
pectfully submit the following statement : 
Capital Stock of the Company.being amount 

of Stock paid in, viz: $1,338,143 00 

And amount of Company's debts on the 1st 

October, 1847, 641,026 00 



$1,979,169 00 



23 



Deduct therefrom value of 4 Steamers, fur- 
niture, provisions, &c., and Wharf and lot 
in Charleston, 1S3,000 00 



Leaving the sum of 81,796,169 00 

as Capital Stock. 
Now take the Rail Road receipts for the year 
ending 1st Oct. 1847, (excluding those of 
the Boats,) 194,128 89 

And add thereto 50 pr.ct.for increased rec'ts, 97,064 44 

21291, 193 33 

Expenditures of Rail Road for same 

period, including new iron and 

every expense, 140,995 32 

Add thereto 10 per cent, which is 

ample for increased expense of 

transportation, 14,099 53 155,09485 

And you have for net profit, $136,098 48 

which is upwards of 1\ pr cent, upon the capital as above 
stated; and within a small fraction of 7 per cent, on the 
capital stock paid in, together with the debts of the Com- 
pany, exclusive of the amount to be derived from the sale 
of the Boats. 



ItlPOR 



The President and Directors of the Wilmington and 
Raleigh Rail Road Company, respectfully submit to the 
Stockholders, their thirteenth annual Report ; showing 
the business of the Company, for the year ending the 30th 
of September, 1848. 

The receipts during the year have been as fol- 
lows, viz : 

From Through Passengers, 113,078 22 

" Way " 53,092 04 

" Steam Boat, Freight, &c, 12,466 03 
" Rail Road " 51,534 51 

" Transportation of Mail, 

Rents, &c, 77,344 79 

" Sale of Old Iron and Cop- 
per, 9,943 31 

8317,459 50 

The Expenditures during the same period, have been as 
follows : 
Transportation, 
Repairs of Locomotives, 13,580 57 

" of Coaches and Cars, 12,754 39 

Persons employed in this depart- 
ment, Depot, Expenses, &c, 43,337 17 
Paid for three New Passenger 
Cars, 6,200 00 75,872 IS 



Steam Boats. 
Repairs, 8,413 41 



25 

Fuel, 29,643 14 

Subsistence and pay of Officers 

and Hands, 60,012 39 98,073 94 



Road Repairs. 

Cost of Materials, 30,146 92 

Subsistence and Clothing, 8,029 60 

Superintendence & pay of Hands, 25,S0O 52 63,977 04 

Office Expenses, for Statione- 
ry, &C, 210 68 238,133 79 



Showing a difference in favor of 
our receipts, except the item of 
sales of Iron, over our ordinary 
expenses, of 79,325 71 

Of this balance, there has been 
applied to the payment of in- 
terest, on the debt of the com- 
pany, the sum of 35,909 68 35,909 68 



Leaving as the nett profit realiz- 
ed during the year, 43,416 03 
Of which amount there has been 
applied to purchase of new iron 

rail, spikes, &c. S7,195 07 

During the past year the operations of the Company 
have been carried on with uniform regularity — our trains 
have run with but few accidents, and our boats have per- 
formed their trips successfully. We have progressed in 
improving the road bed. and in repairing the bridges and 
trestle work. It is true that much yet remains to be 
done, but by pursuing a uniform system of repairs, the 
Road will be continually improving, and eventually ren- 
dered nearly perfect ; at least so far as the road way is 
concerned. 

It will be seen by a reference to the foregoing state - 
ment of the accounts, that a large sum has been expen- 
ded for New Iron, This was found to be absolutely ne 
4 



26 

cessary, to maintain the Road in safe running order, for 
without this outlay, the operations of the Cmpany must 
have necessariy been greatly embarrassed, if not entire- 
le suspended ; as we could not have continued to run 
our trains over it with regularity or even with safety. — 
Being satisfied that it was indispensably necessary to 
the operations of the Company, if not to its very exis- 
tence, that the Road should be preserved in good condi- 
tion, your Board has applied to the purchase of New Iron 
all the means at their disposal, not required for the ne- 
cessary current expenses of the Company ; and being 
further satisfied that it was false economy to continue the 
use of the light bar, first laid on our Road, and that per- 
manence and stability could only be hoped for, by adopt- 
ing a heavy rail in its stead, they have not hesitated to 
substitute the one for the other. 

It is the opinion of the most eminent Engineers of our 
country, that it is impossible for a Road to be profitable 
with the light flat iron rail ; and the statistics of the Rail 
Roads in our country, with but few exceptions, fully con- 
firm this opinion. When we compare the expenso of Road 
Repairs, and the expense of Locomotive, Coach and Car 
Repair*?, on roads using the light strap rail, with the like 
expenses on those having a heavy rail, the truth of this 
opinion is evident. 

We find the expenses of Road repairs where the heavy 
rail is used, varying from $130 to $300 per mile, per an- 
num, on Northern Roads. But as the damage from frost 
in winter on these Roads, has to be estimated, to arrive 
at a true comparison of the expenses incident to the dif- 
ferent forms of rail, we will for the purpose of instituting 
such comparison, take the Road from Branch ville to Co- 
lumbia in South Carolina— it being a Southern Road, 
and not differing to any great extent from our own, in the 
amount of transportation. 

By a reference to the report of the Board of Directors 
of the South Carolina Rail Road Company for 1847, we 
find that i4 the maintenance of way on the Columbia Ro;id 
constructed on cross ties, with a T rail of 57 lbs. to tfe 



21 

yard (though the timber of a considerable portion of the 
lower section had to be renewed,) did not exceed $160 
to the mile." Now the expenses of maintenance of way 
on our Road during the year ending October 1847, was 
equal to $510 per mil e, and during this year, (if we in- 
clude the cost of new iron) $624 per mile ; or about $100 
per mile exclusive of the cost of Iron. Had we the heavy 
rail, and assuming the expense of repairs to be the same 
as on the South Carolina Road, viz. $160 per mile on 
our Road of 162 miles, the whole cost of maintenance of 
way would be $25,920, and this sum being deducted 
from the cost of our present Road repairs, as shown per 
statement preceding, viz : $101,172 11, gives us a differ- 
ence in favor of the heavy Iron of $75,252 11. To which 
add at least one third of the expense of repairs of Loco- 
motives, and Cars, as exhibited in foregoing statement, 
and we have the sum of $8(5.252 1 1, which would be sav- 
ed to the Company annually by the use of the heavy 
Rail, instead of the present flat Rail. 

This may appear to be a large dtfference, yet it is 
sustained by facts. In addition to which, the heavy iron 
rail, preserves a uniformly regular surface, which, with 
its greatly increased strength and stability, while it gives 
safety and security to the traveller, insures certainty and 
regularity in the work of the Locomotive, with an abil- 
ity to carry over it, fully one third more than over the 
rail now used by us. 

The cost of relaying our Road (162 miles) with an Iron 
Rail of 52 lbs. to the yard, at the present price of Iron, 
would be about $600,000 ; from which, deduct the value 
of the old Iron about S84,000, and we have the sum of 
$516,000. The interest on this sum at 6 per cent, per 
annum, would be 830,960, which being deducted from 
$86,252 11 — the difference in the expense of the two 
kinds of rail as before ascertained, and we should make 
a saving annually of $55,252 11 — a sum nearly double 
the interest of the cost of the heavy Iron. To this add 
the great additional facilities which such a Road would 
give to the Company in their transportation, and it must 



28 

be manifest to any one who examines the subject, that 
the true economy of the Company would be to substitute 
the heavy rail. 

The question is, how are we to obtain the means ? 
The Road and all the other property of the Company is 
hypothecated to the State, for the debt we now owe her, 
and we cannot therefore look elsewhere for aid. Th« 
only door left open to us, under these circumstances, is 
an application to the Legislature of our State ; asking 
not the money, but simply the credit of the State to aid 
us in borrowing for some reasonable time — say 10 or 15 
years, a sum sufficient to meet our necessities. And we 
cannot entertain a doubt, but that when the whole sub- 
ject is fairly laid before our Legislature, and duly con- 
sidered by them, they will see that the true interest of 
the State, demands that they should come forward prompt- 
ly and liberally, to the aid of this great improvement of 
the State. 

Six hundred thousand dollars (being two fifths of the 
whole capital of this Company,) is the property of the 
State ; and it surely is the duty of those who are the ap- 
pointed guardians of the property of the people, to see, 
that so large a sum is not lost by any omision on their 
part ; but that they will act for the State, as prudent 
men would under like circumstances, act for themselves. 
As the road is now constructed this large sum is utterly 
unprofitable and will ever remain so : and if there be 
any means within the ability of the State, to render it 
profitable, and available, it is her duty to adopt them 
without delay. The individuals of this Company, to- 
gether with the State, adventured their money in this 
enterprise, and the mistake in the frail construction of 
the Road, was one, in which they shared in common; 
and they ought also in common, to join, and correct it. 
The State is in good credit. If she will only loan her 
credit to the Company, the means can be readily procur- 
ed, to put this Road in such condition that it will be val- 
uable property. And in doing so, the State will run no 
ri'.k 5 as the business of this Road is now well ascertain- 



29 

ed ; so much so, that a certain calculation can be made 
upon its ability to meet the interest, not only, on its pres- 
ent debt, but also on the proposed increase, and with a 
good Road gradually pay the principal. It should fur- 
thermore be recollected, that the Company is not asking 
for money to be expended in doubtful speculations abroad 
— the proceeds are to be invested in Iron, which is to be 
laid down, within the limits of the State for the benefit of 
her own citizens, and will at all times be within the con- 
trolling influence of the State. It is in fact, only lending 
her credit to render the security she already has from the 
Company, more certain and available — every dollar of 
the amount goes to improve and render permanently val- 
uable, a property in which she is now largely interested. 

To sustain us in this apeal to the State for her aid, we 
could with confidence appeal to facts to show the great 
benefit and advantage which this improvement has con- 
ferred upon the country. We can point to the great and 
prominent fact, that the real estate along the line of this 
improvement, has been enhanced in value, a sum far ex- 
ceeding the original cost of the work; as by a comparison 
of the valuation of realjestatejin 1837 and 1S47, it will be 
seen that along the line of this improvement, it has in- 
creased in value $1,931,296, and we have no doubt but 
that if we had any means of arriving at the fact, the per- 
sonal property has increased in a like proportion. With 
such facts before them, motives of patriotism as well as 
of prudence appeal to the judgment of the members of our 
Legislature, to aid in sustaining this work, by enabling 
us to effect the proposed improvement. 

The time must come, unless the State supinely consents 
to be outstripped in works of this kind, when branch Roads 
will be constructed to connect this Road with others ; in 
which case, the business on our Road will increase, and 
no doubt enhance the value of our stock. In view of this 
would it not be politic to apply to the Legislature, to in- 
crease the capital stock of the Company, to a sum equal 
to the original cost of the whole work and that of the pro- 
posed Improvement? Such an increase of the capital of 



30 

the Company, bhould its stock hereafter appreciate.would 
furnish the Company with a fund which might be made 
available, not only in the payment of its present debts to 
some extent, but also, in the contemplated contracts for 
new Iron; as the stock might be given in part payment — 
as such arrangements having been heretofore made by 
other Companies. 

It will be seen that the receipts from through passen- 
gers have fallen ofF, when compared with the receipts 
from the same source the previous year. 

This is no doubt to be attributed in the first place, to 
the general depression in the prices of southern produce, 
and the consequent scarcity of money for travelling pur- 
pose?; and secondly, to the want of co eperation in the II. 
Road Companies composing the great Atlantic line. 

This latter difficult}-, has in a great measure been re- 
moved by the formation of a through ticket from Charles- 
ton to Philadelphia which arrangement, will enable the 
Companies, by their harmony of action, to retain the trav- 
el on the Rail Roads, and we may therefore reasonably 
expect to do better in this department during the coming 
year. 

We take pleasure in pointing theStockholders to the fact, 
that our local business is still on the increase, both from 
way passengers and freight. Although we have been 
straitened for means to transport all the freights offer- 
ing, still the receipts from these sources show a handsome 
increase, so much so,that the Board felt justified in making 
arrangements to put another Freight tain on the Road, for 
the ensuing year. 

We now confidently look forward to the time, when 
the Steam Boat line can be dispensed with, as there is 
every probability that the Wilmington and Manchester 
Road will be constructed. The completion of this Road 
would doubtless be of incalculable benefit to our Road,and 
every Stockholder is therefore deeply interested, in con- 
tributing to so desirable a result. 

The completion of the Wilmington and Manchester 
Rail Road, coupled with the renewal of our Road with 



31 

heavy Iron, (while there would be a large diminution of 
expenses on our line) would secure an increase in speed 
of 24 hours, between the North and South, a large in- 
crease of our business, and safety and certainty, in the 
transmission of passengers, mail and freight. 

We might then reasonably expect, that our stock 
would command a fair price, and we should receive a 
return for the investment which we have made. It is 
therefore all important that every Stockholder in this 
Road, should lend to this work, not only the weight of his 
influence, but should come forward and take stock to in- 
sure its speedy completion. 

At your last meeting, a resolution was passed, instruct- 
ing the Board of Directors to inquire into the practica- 
bility of employing an Agent or Clerk, to act as a com- 
missary. 

A committee of the Board had the subject under con- 
sideration, and after much reflection and attention, a res- 
olution was passed requiring of the different Agents of 
the Company, an accurate account of the disbursements 
in their various departments. Books have been kept by 
such of the Company's Agents as have property in charge, 
which are open to the inspection of the Committee, or 
any one wishing to examine the same; but to carry these 
multifarious accounts through the Treasurer's books, 
would be but adding perplexity to his accounts, without 
throwing much light on the subject. The Board felt a- 
verse to creating new officers, unless they could clearly 
see that a profit would certainly resnlt. For after all, 
our principal security is in the integrity of the Agents 
in charge of these several departments. 

Herewith you have the report of the examining com- 
mittee, and of the Steam Boat agent. Mr. L. J.Flemming, 
the Engineer and superintendant of Repairs, having ac- 
cepted the situation of Principal Assistant Engineer on 
the Wilmington and Manchester Rail Road, and no ap- 
pointment having been made to fill the vacancy, we are 



32 

without a report from the department heretofore under 
his charge. 

Our Locomotives and Cars are generally in better or- 
der than at your last meeting. 

All of which is respectfully submitted. 

ALEX. MacRAE, President. 



REPORT 

OF THE EXAMINING COMMITTEE 

OF THE WILMINGTON AND RALEIGH RAIL ROAD COMPANY, 



The Committee appointed at the last annual meeting 
of the Stockholders, for the purpose of investigating the 
affairs of the Company, for the year ending the 1st Oct, 
1848, beg leave to report, that they have carefulty exam- 
ined the accounts of the Company, the vouchers, way and 
freight bills, and compared them with the entries in the 
books, and find the same correct: 

They find the whole liabilities of the Company, on the 
1st day Oct., 1848, amount to $651,783 16 

Which sum is made up of the following items, 
viz: for Bonds sold in England, at 5 perct. 
interest, 222,666 67 

For Bonds endorsed by the State of North 

Carolina, at 6 per cent, interest, 250,000 00 

For Bonds due the Literary Fund of North 

Carolina, at 6 per cent, interest, 85,000 00 

Bills payable at Bank and to individuals, at 

6 percent, interest, 32,881 52 

Scrip Bonds to Contractors, at 6 pr. ct. int, 793 43 

Negro Bonds due 1st January, 1843, - 105 00 

" " " 1845, - 834 00 

" " " 1846, - 385 48 

" " " 1847, - 70 00 

" " " IS 18, - 3,055 00 

" " • 1849, - 18,634 76 

Amount due on Payrolls and to sundry indi- 
viduals,, for materials, labor, &c 37,357 30 

$651,783 1* 



34 

Amount of Receipts from Rail Road and 
Steam Boats- for the year ending 1st. Oct. 
1848, 317,459 50 

of which $9,'>43 31 was received for Old 
Iron and Copper. 

Amount of Expenditures for Rail Road and 

Steam Boats, for the same period, 275,328 86 

of which $37,195 07 has been expended 
for New Iron, for relaying a portion of the 
road. 



Xett profits of Road and Boats, $42,130 64 

The committee further report, 
there was in the hands of the 
Treasurer of the Company, on 
the 1st day of October, 1S47, in 
cash, 8,547 18 

That there was due the Company 
from individuals & in the hands 
of Agents, 6,512 90 

And from the Post Office Depart- 
ment, 1,016 31 

Cash deposited in Bank of Cape 

Fear, at Raleigh, 909 42 

Which, together with the sum of 42,130 64 
for nett profits of Road & Boats 
for this year, 

And the sum of 10,757 17 
for increased debt of the Com- 
pany, make the sum of 69,873 61 

That of the above sums there has 
been applied to the payment of 
interest, 35,909 68 

Amount due the Company from 

individuals, 1st Oct., 1848, 5,787 59 

" due the Company from P. Office 

Department, 18,750 00 

" in the hands of Agents, 8,593 98 

" in Bank of CapeFear.at Raleigh, 120 00 



35 

" lost by Counterfeit Money, du- 
ring the year, 
Cash in the hands of the Treasurer 
of the Company, 1st Oct. 1848, 



414 50 



297 /6 69,873 61 



Comparative statement of the Annual Receipts, Expen- 
ditures, and Profits of the Company, together with a 
statement of the Rates of Fare, and number of pas- 
sengers. 





Receipts. 


Expenditures. 


Profits. 


No. of Passengers. 


Years. 


Rates of 
Fare. 


Through. 
9742 

8450 
10358 
14018 
11885 
12997 
11456 


Way. 


1841 
1842 
1843 
1844 

1845 
1846 
1847 
1848 


297,228 39 
211,977 48 
286,172 9!) 
269,523 75 
288,493 45 
317,822 49 
331.4S0 50 
317,459 40 


241,945 34 
180,892 65 
148,166 17 
203.633 24 
212,091 20 
289,682 45 
259,912 60 
275,328 86 


52,283 05 
31,084 83 
78.006 82 
85 900 51 
76,402 25 
28,140 04 
71,567 60 
42,130 64 


§20 
13* 
13 
13 
12 
12 
10 
01 


"5496 

13574 
16041 
16393 
20498 
25396 
28327 



*Part of papers destroyed by fire. 

The Committee think it proper to state that the sum of 
S27,251 76, the difference between the sale of Old Iron 
and Copper.and the purchase of New Iron, used in relay- 
ing a portion of the road, the Iron being a much heavier 
- bar and more permanent, is more properly chargeable to 
construction account, than to current expenses, or road 
repairs; and that if the same was so charged, the differ- 
ence between the annual receipts and expenditures would 
amount to §69,382 40, as profits. 

It will be seen in the foregoing statement that the debt 
of the Company, on the 1st October, 1848, was increased 
#10,756 16; this increase has arisen from the fact that on 
the first day of October there was due from the Post Of- 
fice Department $18,750, which was received and applied 
to the reduction of the debt on the 11th October, a few 



36 

days after the expiration of the fiscal year; and that if the 
same had been applied previous thereto, as it has been 
heretofore, there would have been a reduction of debt on 
the 1st of October, 1848, of the sum of $7,992 84 ; while 
the accounts show an increased debt of $10,756 16 ; they 
also show an increase of available means, on the 1st Oct. 
1848, of the sum of $16,563 62, over those of the 1st Oct., 
1847. 

All of which is respectfully submitted. 

JAMES GRISWOLD. 
H. NUTT. 

Nov. 4th, 1848. 



Office Greensville and Roanoke R. R. Co. ) 
February, 2nd, 1848. \ 
To His Excellency, 

Governor Graham : 
Sir:— 

I have the honor to enclose you the annual report 
of the cost,&c., of that part of the Greensville and Roa- 
noke Rail Road lying in North Carolina, as required by 
the Act of Incorporation. 

I also enclose a copy of our report to the Board of Pub- 
lic Works of Virginia, which shows the operations of the 
whole Road. 

I remain respectfully, 

Your obedient servant, 

H. D. BIRD, President 



38 

RETURN 

Of the Cost and Receipts, and Expenses of that part of 
the Greenville and Roanoke Rail Road lying in the 
State of North Carolina, from October 1st., 1846, to 
October 1st, 1847. 

The cost of the road as returned in last report was 
$88,517 68. This has not been increased since. 
The gross receipts of profit for the 
whole road from October 1st., 
1846, to Oct. 1st, 1847, was 826,037 40 
Passengers, $7789 10, Mail $2,000, 9,789 10 



Total gross receipts, 35,826 50 

The proportion of this for the 41 
miles of road in North Carolina, 
was $8,956 62. 
Deduct expenses : The total ex- 
penses for the whole road were 
$26,903 29, and the proportion 
for North Carolina was 
Add interest of cost, 
44 loss last year, 

Leaves a loss for the 12 months 

ending Oct. 1st., of 1847, of 3,128 78 

Add the total loss to Oct. 1st., 1846, 
as stated in last Report, 41,842 21 

Leaves the total loss Oct. 1, 1847, 44,970 99 

H. D. BIRD, President. 
Petersburg, Feb. 2. 2848. 



6,725 82 




5,311 06 




48 52 


12,085 40 



Office Greensville and Roanoke R. R. Co, i 
Petersburg, Nov. 13, 1848. \ 
To His Excellency, W. A. Graham, 

Governor of North Carolina : 
Sir:— 

I have the honor to send you the Report of the 
Greensville and Roanoke Rail Road Company, for the 12 
months ending October 1st., 1848. 
Respectfully, 

Your Obedient Servant, 

H. D. BIRD, President, 



40 

RETURN 

Of the Cost, Receipts, and Expenses of that part of the 
Greensville and Roanoke 'Rail Road lying in North 
Carolina, for the 12 months, ending Oct. 1st., 1848. 



Cost, the same as stated in last report, $88,517 68 

Amount of loss in doing the transportation to 

Oct. 1st., 1847, per last report, 44,070 99 

The loss for the twelve months ending Oct. 1, 

1848, was as follows : 
Receipts of freight on the whole road, 23,213 25 
Passengers, 7,590 44 

Mail, 2,000 00 



32,803 69 
Deduct expenses, 23,187 60 



Nett increase of the whole road, 9,616 09 

The proportion of this income for the 
part of the Road in North Carolina, 
is, 2,404 OI 

Deduct from this, interest of 
cost, 5,311 06 

Deduct last years loss, 187 72 5,498 78 



Leaves the loss for the 12. months, ending Oct. 

1, 1848, 3,094 76 

And the total, loss to that date, 48,035 76 



H. D„ BIRD, Prest, 






Office Petersburg Rail Road Co., / 
February 2d, 184S. \ 
To His Excellency, 

Governor Graham : 
Sir :— 

I have the honor to enclose you the Annual Report 
of the Cost and Receipts and Expenses of that part of 
the Petersburg Rail Road lying in the State of North 
Carolina, as required by the Act of Incorporation. I al- 
so inclose a copy of our Report to the Board of Public 
Works of Virginia, which shows the operations of the 
whole Road. 

I remain very respectfully, 

Your obedient servant," 

H. D. BIRD, President. 



42 

RETURN 

Of the Cost and Receipts and Expenses of that part of the 
Petersburg Rail Road lying in the State of North Car- 
olina, fron October 1st, 184G, to October 1st, 1847. 

The cost of the Road as returned in last Report, was 
§185.942. This has not been increased since. 
From Oct. 1st, 1S46, to Oct. 1st, 1847, the 
gross receipts from Freight, Passengers, 
and Mail, between Weldon and Peters- 
burg, was $67,518 26, of which the pro- 
portion for the 12 miles of Road in North 
Carolina, was 12,046 62 

Do. between Blakeley and Petersburg, was 
$1,415 15; proportion for N. Caro- 
lina 212 92 



Total Receipts, $12,859 54 

Deduct expenses. — The gross expenses of the 
Company for the transportation of $179,- 
807 94 of receipts was $99,865 62. The 
proportion of these expenses for the trans- 
portation of Weldon and Blakley ($68,- 
933 41) was $37, 56G21 ; and proportion 
for the part of the Road in North Caro- 
lina, 7,013 70 
Add interest of cost, 11,156 52 
" last year's loss, 205 56 



Total Expenses, $18,405 78 

Deduct the receipts ; it leaves the loss for 

the twelve months, 5,540 24 

Add total loss to Oct. 1, 1S46, per last Re- 
port, 131,768 09 



Leaves the total loss, Oct. 1, 1847, $137,314 33 

11. D. BIRD, President, 

Petersburg Rail Road Co. 
Petersburg, Feb. 2d, 184G. 



Office Petersburg Rail Road Co., } 

Petersburg. November \3th, 1818. 5 
To His Excellency, 

TJ;«. A. Graham, 

Governor of North Carolina : 
Sir : — 

I have the honor to inclose you the Report of the 
Petersburg Rail Road Company for the twelve months, 
ending October 1st, 1S48. 
Respectfully, 

Your obedient servant; 

H. D. BIRD, President. 






44 



RETURN 
Of the Cost and Receipts and Expenses of that part of the 
Petersburg Rail Road lying in North Carolina, for the 
twelve months ending October 1st, 1S48. 



Cost — same as stated in last Report, $185,942 00 

Amount of loss in doing the Transportation 

to October 1st. 1S47, per last Report, 137,314 53 

The Loss for the twelve months, ending 
Oct. 1st, 1848, was as follows : 

Total Receipts to and from Petersburg. 



Depots. 



Pleas't Hill 

Garysburg 

Weldon 



Freight. 



Passengers 
and Mail. 



1,47:2 05 
2,100 20 
7,625 50 



682 30 

81S 50 

49,155 05 



Total 



2,154 35 

2,918 70 

56,780 55 



11,197 75) 50,655 85l 61,853 601 11,189 31 



Proportion ; 

for theRoadr 

in N. C. < 



41 33<J 

346 46 ( 

10,801 52> 



Deduct expenses. — The expenses 
of all kinds for the business 
of the whole Road were $125,- 
950. The proportion of this 
for the Road in North Caroli- 
na, was 10,059 56 



1,129 75 



Net income 
Deduct from this interest 

of cost, 11,156 52 

Deduct last year's loss, 332 77 11,489 29 



Leaves a loss for the twelve months 



10,359 54 



Total loss to October 1st, 1848, $147,674 Oft 

H. D. BIRD, President. 



EXECUTIVE DOCUMENT NO. 8. 



MESSAGE 



FROM 



HIS EXCELLENCY, THE GOVERNOR, 



RFXATIVE TO 



Tbe State's Railroad Liabilities, 



RAXEIGK : 

SEATON GALES, PRINTER FOR THE STAT*. 
1848. 



. 



afiT 



• 



lift 



■ , 



. 









MESSAGE. 



TO THE SENATE OF NORTH CAROLINA. 



In compliance with a scries of Resolutions of the Senate, making 
various inquiries, concerning the State's liabilities, on account of the 
Wilmington & Raleigh, and Raleigh &, Gaston Railroad Companies, and 
the payments from the Treasury on the same, as well as the loan con. 
tracted to repair the loss to the Road, last named, from a destructive fire, 
oince it has been the property of the State, and the suits pending for the 
State's indemnity against the Stockholders and bondsmen of the latter 
Company. I have to report as follows : 

1. From the Report of the President ^and Directors of the Literary 
Fund, transmitted to the Legislature on the 30th ult. it appears that 
" the amount of stock held by the State, in the Wilmington and Raleigh 
' Raleigh Railroad Company," is 6,000 shares of uncertain value, cost 
$600,000. 

In my Message to the last Gen. Assembly, transmitted on the 17th 
of December. 1816, the State's r^sponsbilty for this Company is sta- 
ted thus : "For the Wilmington and Raleigh Rail Road Company 
' the State became surety by the act of 1840, for the sum of $300,000, 
4 payable in six annual instalments of $50,000 each, beginning on the 
' 1st of January 1842 and ending the 1st of January 1847. The first 
1 of these instalments was paid by the Company. The second falling 
1 due the 1st January 1843, while the General Assembly was in session ; 

• and being apprised that the Company was unable to discharge it, 
' they directed the Liierary Board to invest $50,000 of its funds by pur- 
' chasing the bonds, which constituted the evidence of this debt. These 

• Bonds are still held as a part of the funds of the Board. But for the 
' instalment, payable the 1st of January 1844, no provision was made, 

• in the event of its falling on the State; which contingency happening, 
' it was taken up by the Treasurer with the public funds, and that set 
•■of Bonds is now held at the Treasury." Of the remaining instai- 
ments becoming due in 1845-6 and 7, no part of the principal debt 
has been discharged. But by acts of the General Assembly passed at 
the two las*, sessions, other Bonds of like amounts, payable on the 1st 
of January in 1849-50-and 51, respectively, hive been substituted in 
their st<?ad. The company has regularly paid the interest on these 
bonds, both those held by the State, and irnivd.als. and on all its 
other debts, and has now an application before the Legislature for a 
continuance to it of the Slate's credit, by an indorsement of bonds 
payable at a more distant d*y, in lieu of those just mentioned. 

2. In my message heretofore transmitted, you were informed that 
nn account of her surety-ship, for the Raleigh and Gaston Railroad Com- 
pany, the State is responsible for the sum of $500,000 ; on which the 
:merest is to be paid, semi-annually, and the principal at such time af. 



ter the 1st day of January 1660, as the Legislature shall appoint , an I! 
for the further eum of $166,500, falling due in instalments of $80,000 
each on the 1st day of January in each year from the present time, un- 
til 1854. 

The amounts heretofore paid for this Company as furnished from 
the Treasury, and that which will become due on the 1st of January 
next, are stated ihus: 



Payments of Principal and Interest, on account of Endorse- 
ments by the State, for the Raleigh and Gaston Railroad 
Company. 



As of 








1843 


Principal 




Interest, 


January 1st. 






19,970 


July 






23,310 


1844 








January I si 






23,095 


July 






24,009 


1845 








January 


30,000 




23,346 


July 






22,183 50 


184$ 








January 


90,009 




33,310 


July 






21,765 


1847 








January 


30,000 




31,609 


July 






20,709 


184S 








January 


30,000 




21,237 


July 


5120,000 




19,449 




$263,982 50 




Total paid, 


120,000 




$383,982 50 


4t4 


Due lit of January, 


1849: 






Principal 




Interest 




30,000 




19,995 








30,000 




$49,995 



The resolutions also request a statement " of the whole amount, 
the State may hereafter have to pay, as a stockholder and security for 
the said Railroad Companies" specifying the time said debts become 
due, and the interest likely to accrue thereon. With perfect deference 
to so enlightened an assembly, this is an enquiry, which the Senate it- 
self, and it alone is competent to answer. It is stated in the message 
above mentioned, and has been so frequently reiterated in our public 
documents, as to have become a matter of general notoriety, that by 
far the largest part of the Railroad liabilities, that is to say, the debt 
cf $500,000, has no fixed day for its liquidation, but is redeemable "at 
such time after the first day of January 1860, as the Legislature shall 
appoint;" until therefore your Honorable body shall determine the time 



for the payment of this debt and follow up this determination by such 
measures of Revenue and Finance, as will render it effectual, n is 
manifestly impossible for any other department of the Government, to 
ascertain what sum will be necessary for its discharge. This inquiry 
therefore, is respectfully returned, to the end, that a basis may be fur- 
nished by the Seime, for the estimates required. After it shall have 
been decided at what period or periods these public liabilities shall 
be extinguished, and means shall have been provided equal to the end 
in view, the Executive will cheerfully prepare the statement desired, 
if requested. 

in the mean time, it is perfectly obvious to all, that the longer the 
final day of payment is deferred, the greater will be the amount needed 
to effect it. It is necessary therefore, to address the attention of the 
Legislature to this important subject with earnestness, and without 
delay. For if it was an error of judgment in our predecessors to con- 
tract these liabilities, it will be even worse than that in us, to suffer 
the public faith to be tarnished by repudiation, or the debt to be mag- 
nified by an unnecessary accumulation of interest, in consequence of 
any failure to meet them, as becomes the character and interest of the 
State. An intelligent people, whilst they will examine with care the 
past pecuniary transactions of the State, are looking with perhaps even 
a deeper interest to the General Assembly, for measures which shall 
at once sustain the public credit, gradually diminish our debt, and bo 
improve their condition, as to enable them to bear the increased de- 
mands of the Treasury with the least burden or inconvenience. 

3. The authority under which the Raleigh and Gaston Railroad 
was conveyed in trust, to procure a loan of $25,000, in order to repair 
the damage of the fire in February last, and to save the Road from to- 
tal ruin, is so plainly set forth in my former message, that I am at some 
loss how to construe the inquiry propounded on that subject. Presum- 
ing that it may be intended as a call for the procceedings of the Gov- 
ernor and Council in the matter referred to, I send herewith a printed 
copy of my message to that body, and of their resolution, in response 
thereto, marked A. The considerations involved in the proceeding 
are two. fold, namely: 

1st. Whether a power to sell absolutely, includes a power to 
make a conditional sale to raise means for the preservation of the prop- 
erty. 

2nd. Whether it is the duty of the Executive, by all the means 
committed to his hands, to take care of the public property, and pre- 
vent its destruction. 

4. The amount, which may be realized from the suits now pen. 
ding at the instance of the State, against the Stockholders and bonds- 
men, of the Raleigh and Gaston Railroad Company, will depend, in the 
first place, upon the decision of the Court in favor of the State's recov- 
ery against the defendants ; and if so, how far such recovery shall ex- 
tend ; and in the second, on the ability of the parties to satisfy such 
recoveries, if obtained- My argument in favor of her legal right to 
recover both the principal and interest, which she has paid or shall pay, 
to the amount of slock held or bond given by each defendant, will be 
found in my message to the last General Assembly among your records, 
and I can add nothing new on that point. Some of these parties since 
their obligations were contracted, have become insolvent; but how 
many, I have no means of judging other than those which are open to 
the general observation of the community. If therefore these 6uiis 
ehall not be compromised as recommended by me heretofore, but shall 
he prosecuted to Judgment, the Judiciary only can determine, hu-w 



mucli shall be recovered, Kgainst each person concerned in the great 
multitude of defendants, and the process of execution will ascertain his 
ability to pay. The public interests, meanwhile, are in the hands of 
able counsel, who will doubtless do them justice. 

5. The Resolutions are accompanied by a^preamble, indicating that 
the information sought by them, is desired in conftAiod with the plans 
of Internal Improvement, which I have heretofore recommended for 
your adoption ; and therefore suggest a few thoughts, as to our ppoper 
policy in that respect, which I shall be pardoned lor appending. To my 
mind it is perfectly manifest, that in the present crisis of our affairs, the 
public interests are only to be upheld by enlarged and patriotic views 
of our duty, and manly and energetic action in carrying them into ef- 
fect ; while a faltering or contracted policy will precipitate us into 
bankruptcy and dishonor- We have now two Rail Roads, far which the 
State has made, and is making, the large expenditures already stated. 
Thev are carrying on business, from which one receives an income of 
about. $325,000, and the other about $60,000. per year. But. from in- 
feriority of the superstructure of both, with these large incomes, they 
afford no profits on the capital, but consume the whole in repairs. 
Without the aid of some Legislation, tending to better their condition, 
this will not only continue to be the case, but it will probably become 
worse. The question is then distinctly presented, whether an effort 
ehal! be made to place these Roads in a more favorable situation, so as 
to enable them to relieve the Treasury from the burdens they have 
brought upon it, either by the measures already suggested by the Exec- 
utive, or by others, which your wisdom may devise ; or whether they 
shall continue in their present imperfect state, until other and rival 
works shall be brought into operation by other States, to their injury 
and to the total loss by North Carolina of all she has paid, or may pay, 
on their account. We are therefore in circumstances, when if we do 
not go forward in the carreer of improvement, we must go backward, 
and incur the hazard not only of losing, irrecoverably, this large amount 
in money, but even the use of these Roads em ire! v. The latter would 
be a loss, which perhaps could not be fully estimated until after its oc- 
currence. These works, though profitless as stock, have yet given ad- 
vantages to the inhabitants of the sections which they traverse, of which 
thev would not willingly be deprived. Before the construction of the 
Raleigh and Gaston Rail Road, the freight on a bushel of wheat between 
the county of Granville and Petersburg, was 45 cents ; it is now 15 
cents. On Tobacco, per hundred weight, it was $1 ; it is now 45 cents. 
On a sack of salt, it was front $1,25 to $1 50; it is now 50 cents, and 
the price has been reduced from .$4 to -34,50. down to $2,40 to $2.60, 
from the increased supply furnished the country by the road. And in 
like proportion has been the reduction on other articles. Even these 
rates are much higher than those on the roads of Massachusetts, 'New 
York, and other States, and might b°> greatly reduced if the 'rue!: were 
in good repair, so as to admit a quick p.issage for heavy trains. I state 
these particulars as to freight on leading articles, for the purpose of 
showing, that at alow estimate, the prices of transportation by means 
of this Road, have been lowered one-half; and that it saves to the corn* 
oranity in this way, the sum of $30,01)0 annually ; that being a! o it the 
amount of the freights received. I urn not so familiar with the changes 
in the rates of transportation in the reoion of the Wilmington F.o:id, but 
by a similar calculation, which is believed to be fair, it effected a saving 
on freights during the last year, of about $50,000. It is not so eapy to 
estimate their advantagee in the time and expense spared in travelling, 
pphjcb is probably not e<jar>l so far as our own citizens tjre concerned', to 



ihe diminution on transportation ; but in our contemplations of llu 
subject, we mint bear m mind, that if these Rail Roada shall cease to 
operate, and the people in their neighborhood shall be driven back to 
the old modes of conveyance, that the change will be equal to the im- 
position upon them, of a tax of certainly Eighty, and perhaps not less 
than One Hundred Thousand Dollars, per year. 

Such is the inducement to sustain these Roads, even though un- 
productive as stocks. If it be possible to render them profitable to the 
:3tate,as a proprietor, while they thus promote the interest of the citi- 
zen, in their region of country, it is surely a consummation most de- 
voutly to be wished. And if this can be accomplished, as I have en- 
deavored to demonstrate, by extending a new Railroad through the very 
heart of our territory, from Raleigh by Salisbury to Charlotte, with pro- 
visions for connecting with lateral Roads, from Raleigh to Goldsboro,' 
and from some place East of the Yadkin to Fayetteville, or other point 
on Cape Fear River, and with Turnpikes from the country farther West 
than Salisbury — thus forming a bond of union between all sections of 
the State, and giving to the people who now labor under the greatest 
embarsassments, all the facilities of Rail Road transportation — we have 
<s\ery motive to undertake it without delay. 

And although the objection may at first view appear feasible, that 
in the present state of our Finances, no new liability should be incur- 
red, yet it vanishes at once, when we consider the great objects to be 
attained. Economy is a cardinal virtue, in States or individuals, but 
parsimony is aa often mischievous as prodigality. One of the best 
modes of ensuring the payment of debts and of rendering the operation 
easy to the debtor, is to increase his ability to pay. Every work of im- 
provement, judiciously located and constructed, has the immediate ef- 
fect, by lowering transportation, to raise the price of produce in the in- 
terior, and to cheapen the price of goods carried there for consumption. 
Give to your farmer then, the facility to get 25 cents more on every 
bushel of wheat, corn or potaioes, that he may raise for sale, and to car- 
ry off hundreds of bushels that now rot, or are wasted for want of 
transportation — enable him at the same time to save only one dollar on 
every sack of salt that he uses, and so on the other articles that he sella 
or buys, and you will enable him, even by the most rigorous modes of 
taxation, to pay off the debt you now owe in due time, and without in- 
convenience. Convince him that these facilities may be had at a rea- 
sonable co6t, (perhaps so far as he is concerned, for no more than the 
increased price which he would obtam on the crop of a single year,) 
»nd that one great cause why he is less prosperous than the people in 
many other States, and than he himself was in former years, is that 
men engaged in precisely similar pursuits with himself in these States. 
and who formerly labored under like disadvantages, now get their crops 
to market, and their supplies from thence, for a fourth or a tenth of 
what they paid formerly, and he pays now. Convince him of this, and 
be will at once perceive, that as the cotton planter who should pick by 
hand, could not compete with his neighbor who uses the invention of the 
Gin, eo neither can the waggon and team over distant and ruinous roads, 
bear any comparison in cheapness and despatch, with steam carriage on 
land or water ; and if it be at all practicable, within the compass of our 
means, he will not only sanction measures for the provision of such fa- 
cilities here, but will demand xvhy they were not adopted. If he looks 
abroad to other States, Massachusetts, New York or Georgia, for exam- 
ple, he will find that they had as great distances, and as difficult obstruc- 
tlcne to overcome in the construction of their public works, as any which 
lie ia our way. But with a sagacious and intrep'd. statesmanship, they 



looked through the primitive and disadvantageous condition of their 
country then, to what it would be in its present improved slate ; calcula- 
ted the cost of their works, and their value when completed ; borrowed 
money for the purpose on cheap terms and long credits ; expended it 
judiciously and economically, always sustaining their credit by punctu- 
ality to their engagements • and the result has been as a monied opera- 
tion merely, that their cost is likely to be borne and paid off in due time, 
by the works themselves, whilst they have renewed the face of the 
country, " making glad its waste places, and causing the wilderness to 
blossom as the rose." 

If the present Legislature shall confer on their constituents simi- 
lar advantages, by the adoption of similar means, and thus place them 
on an equality with the people of these States, whom they must meet 
as competitors in the markets of the world ; or even if they shall put 
the 400,000 people of the interior on an equal footing with those on the 
navigable waters of Roanoke and Cape Fear, and along the lines of our 
present Railroads, on whom the State has conferred her patronage here- 
tofore, while they revive and make profitable our present Railroad pro- 
perty, either by the plans I have suggested, or others, they will have 
entitled themselves to the lasting gratitude of the people, and will ena- 
ble them to mount up, " as on Eagles' wings," to a prosperity unknown 
in our past annals ; and in which any expense properly attached to the 
undertaking, will be borne cheerfully and thankfully. 

WILL : A. GRAHAM, 

Executive Department, 
December 23d, 1848. 



*£% 



[Aj 



MESSAGE. 

TO TUB COUNCiT. Of STATE GV N'OfiTH CARGT.IN'A. 



Your present convocation has been occasioned by reason of tbe destruc- 
tion by fire, on the night of the 25th ult. of the extensive brick building 
comprehending the machine shop a»d engine house of the Raleigh and Gas- 
ton Railroad, at the depot in this City. The Rail Road being the property 
of the State, this misfortune, which is believed to have been purely acciden- 
tal; produces a public loss, which is estimated at not les9 than twenty-five 
thousand dollars. 1325.000.) Besides the building and shop furniture of 
various kinds, including a stationary engine for the propulsion of machine- 
ry, four of the seven locomotives belonging to the Road, which happened to 
be in the engine house at the occurrence of the ftre, were subjected to its 
ravages, two of them being totally ruined, and the other two considerably 
eudamaged. 

With so serious a diminution of its motive power, and the entire loss 
of materials and means for making repairs, It is obvious that the operations 
of the Road cann&t be continued to the extent of the public convenience 
and demand, and to realize the customary income, which is necessary for 
its preservation, unless resources can be obtained to overcome these dillicnl- 
ties. 

The powers conferred on the Board of Commissioners, for the man- 
agement of the Road, on behalf of the State, have been examined with a 
view to measures of relief under their authority, but are found to be iaade- 
ijuate to any effectual remedy. 

It devolves, therefore, on the Executive, to consider what the public in- 
terest requires in this energency. and I have deemed it an occasion of suf- 
ficient moment to invoke the advice and assistance provided in the constitu- 
tion of your honorable body. In communicating with freedom my reflections 
on the matter in hand, it is hardly needful to premise that it is done with 
the most perfect deference toyour better judgment, and an earnest invitatioa 
to a rigid scrutiny of them, and a frank disclosure of your own views. 

Three different courses of procedure appear to me to be open to us — 
■amely : 

1st. To abstain from any interference, and leavo the Rail Road to go to 
destruction. 

2nd. To convene the Legislature, to protect it against this casualty. 

3d. To exercise for this end, the power and authority of the Governor 
and Council, under the act of the General Assembly, ratified the 6th day 
cf January, 1315, entitled a an act to authorize the foreclosure of the mortgage 
ou the Raleigh and Gaston Rail Road.." 

The first, in my apprehension, would be an abandonment, of public duty 
without excuse or even pretext. Not to speak of the convenience and ad- 
vantage of this work to the community, which from daily familiarity are 
not duly considered, and like the blessings of health and the free use of our 
limb.=. would be fully appreciated only after their loss, there can be no plea- 
for supineness or negligence in us towards so large a portion of the public 
property. The price and other circumstances attending the purchase of this 
Railroad by the State, are fully known to you. The report of its Treasur- 
er, for the first ten months after the purchase, submitted to the Legislature, 
showed its income to have been $51,923 43. By the statement of the same 
officer, (prepared under direction of the Board of Commissioners, and publi- 
shed in the newspapers in analogy to the regulation respecting the Report 
♦f the Comptroller on the public Finances) for the year immediately sue- 



10 

c'eedin* iinl pmijng' on ill* Lot of November last, the income iu this latter 
period w -is tlte wun of &88.&Q2 o7, all of which will more fully appear from 
copies of both these documents, herewith laid before you. Although in the 
latter year, no profits were lealized from the Road to the public Treasury, 
materials were purchased for repairs and improvement.-, on an extensive 
pcftle (;mir>n<r which niay bo particularized 120 tons of new Railroad iron, 
bought, anil paid for since the adjournment of the Legislature) ; and by rea- 
son of the addition of a new and superior locomotive, and other arrangements 
Buggesttd by experience, in the now current yeur, its prospects were better 
nt the occurrence of the accident than at any time since it has been owned 
by the State. 

It is manifest, however, that the Railroad is valuable only as a whole, 
n. d not in detaebe 1 or mutilated | arts ; and unless it be kept sufficiently re- 
paired and equipped, to carry on transportation at least to the extent that it 
has done heretofore, the receipts will soon fall below the necessary expendi- 
tures and its operations must cease. The question before us therefore is 
not between a less or greater amount of accommodation or income from the 
Road but whether it shall be resigned to disuse and waste, until the usual 
fcessitihof the Legislature. And in this connection, it must be observed, that 
the decay and loss to the establishment during this period, would be ten fold 
greater than the damage of the fire. Prompt and energetic action being then 
indispensable we are limited to a choice between the alternatives already 

stated. „ :• ..., 

2d. In consideration of the necessity of raising a sum of money, pro- 
bably equal in amount to the above estimate of loss, as the only effectual 
means of relief, I would much prefer, did circumstances favor it, to convoke 
the Legislature, and leave the proper course in the premises to be determin- 
ed by the representatives of the people. But independently of the incon- 
venience of summoning the members from their homes at the present season, 
the expenses of a session of the General Assembly to deliberate ou the sub- 
ject, would not probably fall below the amount required fur the purposes in 
contemplation. And experience having demonstrated that the months of 
storiog and summer are the season of greatest profit to the Road, even the 
necessary delay of an extra session of the Legislature, at the earliest practi- 
cable period, would be attended with serious loss in its receipts, a,s well a» 
public inconvenience. . , . 

3d. By reference to the 8th section of the act of 1845, already quoted, 
it will be perceived that the Governor, with the advice of the Council of 
State, has full power to sell the Railroad, and all the appendant property, 
and to transfer the title. And if offers to purchase are made, it is his duty 
to convene the Council, and submit the sams to them, with his opinion of the 
propriety of accepting. In connection with the ordinary duty of the Exec- 
utive to protect the public property from dilapidation or injury, so far as 
adequate means may be within his control, the power iu this instance to sell, 
bo as to realize the highest attainable price, seems reasonably to imply an 
authority to make a conditional sale or mortgage, with a view of raising mo- 
ney to keep up its value, and save it from ruin. This mode of relief being 
then within our competency, and by far best suited to our circumstances, is 
recommended for adoption. I therefore propose for your advice and con- 
tent to borrow on behalf of the State, a sum or sums not exceeding in all 
twenty-five thousand dollars, (525,000) to be applied as speedily as possible 
in repairing the damages and loss occasioned by the recent fire to the Rn- 
leich and Gastou Rail Road; and that the said Rail Road with all its ap- 
pendages be conveyed in trust as a security to the lender, for the repayment 
of the debt so incurred with the interest thereon. This security is un- 
questionably ample, and no doubt is entertained of obtaining upon it the 
amount required. By adopting this plan, the road may be renovated and 
restored in value, at a cost not materially greater than that of assembling 



no manner em- 



the Legislature to consult on its condition ; while it can in 
barrass oriuterfurc with the freest deliberation, in regard to it at the regu- 
lar session It may be probably expected that the income of the Road ffijl 
k«p down the interest on this loan, aud gradually eiUuguih the principal. 



11 

B«t if this supposition ehould prove erroneous, and new misfortunes befnli 
the enterprise, the property in the road will be at nil times sufficient to re- 

!>ay the sum borrowed, without a resort to the general Treasury unless the 
atter shall be preferred by the Legislature. 

Should this recommendation not meet your concurrence, I will cheer- 
folly co-operate in any preferable mode of securing the public interest iu 
lot matter in question, which your wisdom may suggest. 

WILL. A. GRAHAM. 
Executive Department, March 13, 1848. 

P. S. Estimates of the injury from the fire, made by the President of 
the Rail Road, are enclosed herewith. 

After consideration, the following resolution was unanimously adopted: 

Resolved, That the Council of State do advise and consent to the pre- 
position of the Governor, that a sum of money, not exceeding S25,000, be 
borrowed on behalf of the State, for the purpose of repairing the loss and 
damage occasioned by the recent fire to the Ralegh and Gaston Rail Road ; 
und that the Governor be advised to convey the said Rail Road, and all the 
public property attached thereto, in trust to secure the repayment of the 
amount of such loan with interest, at men time as he may agree bjob with 
the lenders. 



>fc> 



EXECUTIVE DOCUMENT, NO. 9. 



REPORT 



OF THE 



PUBLIC TREASURER, 



IS OBEDIENCE TO A RESOLUTION OF TOE HOUSE 



DECEMBER 16, 1848 



RALEIGH: 

SEATQN GALES. PRINTER, REGISTER OFFICE. 

1848, 



TREASURY DEPARTMENT, >■ 
Raleigh, Dec. 21, 1848. \ 
To the Honorable Speaker of the House of Commons: 

SIR: In obedience to so much of the Resolution of the House 
«f Commons, of the 16th inst., as requires me to communicate 
to the House 'the number of White population in each county 
in the State, the federal population in each county, and the 
number of white children between the ages of five and ten 
years — the amount of taxes paid by the several counties, and 
the amount distributable to each county for the School Fund, 
during the last and present years," I have the honor to state, 
that the condensed table herewith transmitted, will be found to 
contain carefully prepared, and it is believed accurate infor- 
mation, on each of these several heads of enquiry. 

The sources from which the school fund has been derived, 
and the investments which have been made of it, wereso ful- 
ly and clearly stated in the BieVinial Report of the President 
and Directors of the Literary Fund (Executive Document No. 
5,) made to the present General Assembly, that it is consider- 
ed merely necessary to annex a copy of so much of that Docu- 
ment, sis relates to. this branch of enquiry.. 

Respectful^ submitted, 

C. L. HINTON. Pub. Treat. 






REPORT OF THE LITERARY BOARD, 

NOVEMBER 30th, 1848. 



This entire Fund consists first, of Bank Stock. 

5322 Shares on the Bank of Cape Fear, worth $100 

per share, $532,200 00 

5027 Shares in the Bank of the State of N. Caro- 
lina, worth more than par, i. e. $100 pr. share 
par value. 502,700 00 

2nd. Fail Road Bonds of Raleigh and Gaston Co., 
endorsed by the State, due after the 1st Jan- 
uary, I860, 140,000 00 
Do. due 1st January, 1849, 4,500 00 
Do. " " 1850, 2,000 00 
Do. " " 1851, 3,000 00 
Do. « " 1852, 5,300 00 



154,800 00 



Of Wilmington and Raleigh Rail Road Co., 

endorsed by the State, due Jan. 1, 1843, 50,000 00 

Of Wilmington and Raleigh Rail Road Co., 

secured by mortsage on the property of the 

Company in 1837, 85,000 00 

3rd. Bonds of the State executed by the Public 
Treasurer under Loan ordered by the last 
Legislature, 40,360 00 

4th, Loan to Wake Forest College, 10,000 00 

Do. Floral College, 2,000 00 

5th. Stock of Navigation Company. 

The profits of 75 shares in Cape Fear Navi- 
gation Company, 37,500 00 
Roanoke Navigation Company, 50,000 00 



87,500 00 



6th. 6000 Shares on Wilmington and Raleigh R. 

Road Company of uncertain value cost, 600,000 00 

7th. Amount due from the State for monies used 
on account of the Treasury. (See Treasu- 
rers Report.) 

8th. Taxes on Retailors of Spirituous Liquors, 

9th. Taxes on Sales at Auction. 



10th. Entry money on Vacant Lands. 

11th. The whole of the Swamp Lands of the Stat© 
not granted and held by individuals prior to 
the year 1846, estimated at One Million, 
Five Hundred Thousand Acres. 

12th. Cash deposited in Bank, bein? in full cf A. 

C. Dickinsons first bond for S wa:r.p Lands, 2,271 19 

Two bonds of the same, due 7th July, 1849, 4', 453 32 

6,724 51 









5 



THE INCOME OF THE LITERARY FUND FROM ALL 
SOURCES, FOR THE YEAR ENDING THE 1st SEPT. 1847, 
WAS AS FOLLOWS, VIZ: 

Dividends of the Bank of the State of N. C, 

Do. Batik of Cape Fear, 

Roanoke Navigation Company, 
Cape Fear do do 

Interest on loans, 

Do Rail Road Bonds, 
Land Estates, (land entries) 
Tavern Tax, 
Auction Tax, 



Disbursements in same for School for Deaf and 

Dumb, 
Reserved for same, 
Expended on Swamp Lands, 
Loan to Floral College, 
Expenses of Board, 



Nett amount distributed for support of Common 
Schools, 101,775 01 



$41,472 75 


31,932 00 


1,375 00 


650 00 


3,928 62 


17,703 00 


9,185 67 


2,934 88 


742 39 


109,924 31 


3,689 00 


1,31100 


243 00 


2,000 00 


906 30 


8,149 30 





The like income for the year ending 1st Sept., 1848. 

Dividends of the Bank of the State, 
Do do Cape Fear, 

Roanoke Navigation Company, 

Cape Fear do do 

Interest on loans to Wake Forest and Floral Col- 
leges, 

Interest on loan to State per Act 1846, 

Do on Raleigh and Gaston Rail Road Bonds, 
Do on Wilmington & Raleigh R. R. Bonds,] 
endorsed by the State 

Interest on Wilmington and Raleigh Rail' Road 
Bonds secured by mortgage, 

Land Entries, 

Tavern Tax, 

Auction Tax, 

Receipts from counties for deaf and dumb, 



41,472 75 

31,932 00 

2,750 00 

1,300 00 


720 00 
3,681 16 


9,288 00 
8,000 00 


5,100 00 

5,085 11 

3,499 72 

448 25 

308 75 



1.08,585 74 



ft 

Disbursments in same for School for deaf & dumb, 4,510 00 

Buildings for same, 7,500 00 

The Turnpike Road through Swamp Lands, 3,268 75 

Printing and Advertising, 341 25 

Expenses of Board, 423 00 

Reserved for Deaf and Dumb, 490 00 

Reserved for deaf and dumb Building, 2,510 60 

19,033 00 
Nett amount distributed for support of Common 

Schools, as published, 89,543 14 






Jt- 















i 






■M 



■ 



"*'&' 



%- 



i 


Ami. dlStl '- 

Imted in ea. 

county from 
in 1848. 


1,770,49 
993,03 

1,419,42 

1,295,48 
909,79 
604,49 

1,303,72 
845,00 

1,145,92 
683,50 
683,40 

1,392,12 
824,81 

1,622,95 

1,922,92 
462,90 
714,04 
905,30 

1,553,37 
1,791,25 

800,58 
1,856,47 

931,78 
1,272,18 
1,636,38 
1,182,27 

887,81 

1,094,71 

738,45 

2,495,27 

1,789,48 

664,24 

728,53 

842,53 

761,32 

1,939,15 

1,257,31 

521,42 

836,83 

1,392,12 

645,50 

889,60 

637,44 

2,149,69 

893,49 

1,010,92 

1,033,40 

1,470,50 

1,457,38 

878,59 

2,939,30 

1,011,48 

843,55 

1,100,69 

1,307,93 

1,682,77 

998,01 

1,259,06 

1,587,43 

1,480,50 

1,704,28 

1,429,20 

662,65 

2,065,25 

1,962,54 

559,89 

2,447,38 
1,316,51 

525,21 
1,267,33 
1,509,13 

799,58 


CO 




Ami. dil- 
iributcd 10 
each county 
l>om school 

und. 1847. 

$2,013,84 
1,129.46 
1,621,20 
1,473,43 
1,034,84 

687,71 
1,491,84 

961,15 
1,303,51 

777,50 

777,40 
1,583,41 

939,23 
1,845,75 
2,194,13 

527,62 

812 09 
1,029,73 

54£,S2 
1,733.91 
2,039,68 

910,59 
2,111,53 
1,058,93 
1,447,02 
1,985,03 
1,375,74 

1,004,28 

2,380,61 

839,88 

2,812,43 

2,035,23 

755,73 

823,38 

958,35 

867,09 

2,205,58 

1 ,430,0S 

596,03 

953,05 

1,583,41 

734,28 

1,011,89 

725,24 

2,446,2S 

788,76 

1,149,82 

1,175,37 

1,672,66 

1,657,70 

999,34 

3,351,05 

1,140,66 

959,64 

1,252,11 

1,483,09 

1,914,11 

1,133,76 
1,432,06 
1,805,82 
1 ,072,66 
2,057,56 
1,614,30 

732,05 
2,360,41 
2,232,61 

636,96 

2,784,85 
1,498,52 

597,64 
1,464,80 
1,716,64 

909,65 


o 
1ft 

r- 

o 




Amt. taxes 
paid by the 

counties. 

$"330,80 

1,627,61 

773.73 

1,877,11 

1,730,90 

1,047,10 

714,34 

1.060,98 

785,17 

1,087,42 

518,64 

792,78 

828,10 

586,05 

1,849,59 

1,645,05 

1,099,77 
757,62 

2,184,54 

2,703,96 

749,41 

1,353,20 

756,04 

1,399,55 

2 720,06 

1,292,03 

744,21 

940,20 

2,468,20 

943,66 

1,989,64 

2.247,24 

417,89 

587,81 

993,58 

968,93 

1,273,45 

1,268,29 

•692,17 

1,008,42 

822,39 

388,94 

1,010,43 

639,00 

1,697,84 

540,64 

753,46 

1,053,93 

3,786,57 

1,267,17 

868,97 

2,912,19 

1,402,86 

1,196,12 

1,199,79 

1.593,67 

315,77 

1,175,63 

1,051,43 

1.009,35 

1,443,26 

1,302,77 

1,052,39 

1,401.90 

536,75 

1,568,33 

1,182,95 

519,07 

807,80 

3,056,10 

1,950,93 

846,46 

1,758,92 

622,37 

350,96 


of 
oo 
0> 

OS 




N. white' 
ohildreu 
between 

ive and 
en years. 


1,507 

1,162 

946 

686 

596 

434 

1,422 

2 032 

1,038 

554 

769 

1,015 

1,475 

521 

391 

471 

855 
1,222 

610 
1,761 

813 

876 
1,211 

790 

608 

1,337 

479 

2,311 

809 

S17 

763 

491 

588 

1,716 

1,069 

255 

539 

3,019 

686 

666 

1,753 

1.385 

1,118 

697 

785 

826 

662 

2.358 

576 

476 

555 

930 

1,696 
652 
890 
1,216 
1,275 
2,645 
1,106 

2,002 

2,117 

415 

1,752 

654 

343 

1.036 

1,701 

951 


ex 




Fodoral 1 
popula- 


12,957 
7,269 

10,437 
9,485 
6,658 
4,419 
9,606 
6,186 
8,383 
5,000 
4,999 

10,190 
6,047 

11,885 

14,116 
3,347 
5,229 
6.625 
3,505 

11,155 

13,125 
5,860 

13,590 
6,818 
9,311 

12,730 
8.552 

6,705 
15,330 
5,407 
18,117 
13,100 
4,854 
5,529 
6,165 
5,579 
14,195 
9,205 
3,818 
6,130 
10,190 
4,722 
6,510 
4.65S 
15,740 
5,077 
7,400 
7,565 
10,760 
10,66.5 
6,430 
21,570 
7,398 
6,168 
8,050 
9,545 

12,313 
7,357 
9,216 
11,610 
10,760 
13,007 
10,385 
4,709 
15,190 
14,365 
4,093 

17,920 
9,645 
3,835 
9,420 

11,045 
5,850 


C5 
O 

CO 




Vo. of while 
population 

6,633 
6,911 
7,050 
5,144 
4,317 
2,772 
8,798 
12,319 
6,971 

3,844 

5.087 
7,343 
10,609 
3,205 
2.S65 

2,799 
6,624 
9,030 
4,454 
11,937 
5,594 
6,244 
7,915 
5,227 

4,137 
9,309 
3,375 

15,891 
5,623 
4,650 
4,628 
3,384 
4,009 

11,930 
6,996 
1,947 
3,687 

19,658 
4,446 
4,438 

11,850 
8,221 
6,443 
4.941 
6,371 
5,818 
4,675 

16,771 
4.650 
4,096 
5,229 
6,128 

11,107 
4,693 
6,202 
8,595 
8,646 

15,875 
7,475 

13,418 
13,093 
3,160 

12,113 
4,400 
2,639 
6,754 

10,976 
5,681 


oo 

CO 




S o 


Alexander* 

Anson 

Ashe 

Beaufort 

Bertie 

Bladen 

Brunswick 

Buncombe 

Burke 

Cabarrus 

Caldwell 

Camden 

Catawba 

Carteret 

Caswell 

Chatham 

Cherokee 

Chowan 

Columbus 
Craven 

Cumberland 

Currituck 

Davidson 

Davie 

Duplin 

Ldgecomb 

Franklin 

Gaston* 

Gates 

Granville 

Greene 

Guilford 

Halifax 

Haywood 

Henderson 

Hertford 

Hyde 

Iredell 

Johnston 

Jones 

Lenoir 

Lincoln 

Macon 

Marl in 

McDowell 

Mecklenburg 

Montgomery 

Moore 

Nash 

New Hanover 

Northampton 

Onslow 

Orange 

Pasquotank 

Perquimons 

Person 

Pitt 

Polk* 

Randolph 

Richmond 

Robeson 

Rockingham 

Rowan 

Rutherford 

Sampson 

Stanly 

Stokes 

Tyrrell 

Union" 

Wake 

Warren 

Washington 

Wayne 

Wilkes 

Vancy 





ft 



'**cr-L 



- 









m% 



EXECUTIVE DOCUMENT, NO. 10. 



■- zn»' - _j» 



I 



>- 



Executive Office, Dec. 19, 184S. 
To £/te General Asse?nbly of the 

State of North Carolina : 

In pursuance of the Act of the General Assembly on 
that subject, I have, the honor to transmit herewith a copy 
of the Annual Report of the Treasurer of the Board of 
Trustees of the University of the State. 

The accounts of the Treasurer have been submitted to 
a Committee of the Board, who report that, "the entries 
in said account, and the vouchers by which they are sus- 
tained, are correct, and they find all the items are accu- 
rately stated, and the vouchers regular and satisfactory."' 

There are at present two vacancies in the Board of 
Trustees, occasioned by the death of George W. Jeffrey? 
and Weston R. Gales, to be filled by your Honorable 
Body. 

WILL: A. GRAHAM. 

Executive Department, Dec. 20th, 1848. 






MB , 



REPORT 



IUlbigh, 20/A November, IS 18. 
To the President and Board of Trustees 

of the University of North Carolina: 
Gentlemen : 

I have the honor to inform you that the Receipts a* 
the Treasury within the past year, embracing a period 
from the 20th November 1S47, to the 20th November 
1818, amount to $15,187 25 

Which sum being added to 4,472 72 

(the balance remaining in the Treasury 
at the close of the preceding year,) 
forms an aggregate of 19,659 97 

That the disbursements at the Treasury 

within the same period, amount to 19,159 92 

Leaving a balance in the Treasury at the 
close of the current fiscal year, viz. on 
20th November 1S48, of 500 05 

Which balance is deposited in the Bark of 
the State at Raleigh. 



4,472 


72 


8,250 


00 


300 


00 


1,900 


00 


1,452 


00 



The Receipts at the Treasury, as aforesaid, consis t 
of the following items : 

1. Old balance in the Treasury as aforesaid, 

2. Dividends from Bank of the State on 

1000 shares of stock, 

3. Interest on $10,000 Virginia 6 per cent. 

State stock, 

4. Sundry payments of principal of Bonds 

by Individuals. 

5. Payments of Interest by Individuals, 

6. Nett proceeds of acceptance of §2,700 at 

Bank of the State, 2,683 13 

7. Cash received of Jno. D. Hawkins, Esq. 

Attorney, &c, for escheated land sold 
by him to Ed. W. Harris, 540 00 

S. Cash received of B. F. Moore, Esq., At- 
torney, &c, for escheated property of 
Wilson Batchelor of Nash County, 62 00 

Which said several items make the above 

named aggregate of 819,059 97 

The various items of Receipts and Disbursements are 
distinctly exhibited in detail in the account current and 
vouchers which accompany this Report, and which are 
submitted as part thereof. 
From statements furnished by the Bursar 
of the College, it appears that the sums 
received from the students for tuition and 
room rent for the first Session of this year, 
amount to $3,424 00 

And for 2d Session to 3,412 50 



Making an aggregate of $6,836 50 

Which sums have been collected and disbursed by said 
Bursar in part payment of salaries and other dues inci- 
dent to his office, according to his reports filed and ex- 
hibited. 



From the Reports of the Bursar, it further appears 
that, during the first session of the past year, nine stu- 
dents, and during the second session, eight students re- 
ceived their tuition in the College free from charge, ac- 
cording to the ordinance of the Board of Trustees. 
I have the honor to be 

Your obedient servant, 

CHAS. MANLY, 
Treasurer University of N. C 



EXECUTIVE DOCUMENT, NO. 11 



COMMUNICATION 



FROM THE 



COHPTROUBK. 



In obedience to a Resolution passed by the Senate, di- 
recting the "Comptroller to furnish a statement of the 
amount due on Cherokee Bonds taken at the Sale of 1838, 
(exclusive of the bonds taken for surrendered lands ;) 
Also what amount of money has been paid into the Trea- 
sury on account of the Sales of Cherokee Lands in 1838," 
1 herewith submit the following- statement : The amount 
of bonds taken by the Board of Commissioners at the sale 
of 183S, and filed in the Treasurer's Office, is Two hun- 
dred ; and Eighty-Two Thousand, One Hundred and Eighty 
Dollars and Twenty-One Cents and Three Fourths, 
(.$282, ISO 21f On these bonds, there has been paid in- 
to the Treasury by individual purchasers, Sixty-Six Thou- 
sand, Nine Hundred and Eighty-Nine Dollars and Fifteen 
Cents, (800. US9 15) which includes the £ payment at the 
time of purchase, forty-six thousand two hundred and 
fifty dollars and seventy-six cents. ($40,250 7G.) To this 
sum must be added forty- one thousand four hundred and 
twenty-nine dollars and sixty-five cents; (§41,429 05,) re- 
ported to this Office by Jacob Siler, Agent for the collec- 
tion of Cherokee Bonds. Bonds to the amount of thirteen 
hundred and fifty dollars and forty-eight cents, (31,350 49) 



nave been drawn from the Treasury on the Warrant of 
Gov. Dudley, for the construction of a Road across the 
Nantehala and Valley River Mountain, to Murphy; which 
warrant was drawn agreeably to an Act by the General 
Assembly passed at the Session of 1S37 and '38, Chapter 
32. This amount added to the receipts, into the Treasury 
from individual purchasers, and from Jacob Siler, a- 
mounts to one hundred and nineteen thousand, seven hun- 
dred and sixty-nine dollars and twenty-eight cent*, 
($1 19,709 28.) Deduct this sum from the two hundred 
and eighty-two thousand one hundred, and eighty dollars 
twenty-one and three fourths cents, ($282,180 21$.,) (the a- 
mount of bonds filed in the Treasury by the Commission- 
ers,) and it will leave the sum of one hundred and sixty- 
two thousand four hundred and eleven dollars and forty- 
one cents, (.$162,41 1 41,) as the amount of bonds yet to be 
collected, and now filed in the Treasury Department. This 
amount of bonds held by the Treasurer is subject to a de- 
duction of surrendered bonds, which amount has been re- 
ported by his Excellency, Gov. Graham, in his special 
Message upon that subject, which has not been furnished 
this Department. 

Respectfully submitted, 

WM. F. COLLINS 

Comptrollci ► 



[EXECUTIVE DOCUMENT, NO. 13.] 



MESSAGE 



or 



HIS EXCELLENCY, 

eOTlRNOR M A n I, 



HBLATtVE TO THR 



DEAF AND DUMB INSTITUTION 



IN TUB 



CITY OP RALEIGH, 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 

1849. 



Executive Department, ? 
January 16, 1849. $ 
To the Honorable Speaker of House of Commons : 

Sir — In compliance with the Resolution of the House 
of Commons, of the 15th inst., "that the Governor be re- 
quested to inform the House of Commons, whether the 
Buildings for the Deaf and Dumb in Raleigh have been 
completed according to the Act of the last Session of the 
General Assembly, and to furnish a copy of the contract 
for the construction of the same" — I have the honor to 
transmit herewith a copy of the contract referred to, 
and also a copy of a paper submitted to the Literary 
Board, under their order, by Mr. Wm D. Cooke, Superin- 
tendent of the School, setting forth sundry specifications 
wherein the main Building has not been completed in 
accordance with the terms of the contract. 

The School House provided for in the contract has not 
yet been built. 

CHAS: MANLY. 



■f 



CONTRACT. 



Thes6 Articles of Agreement, made and entered into 
this 8th day of September, 1847, by and between Dab- 
ney Cosby, sen., Dabney Cosby, jr. and Jno. W. Cosby 
of the one part, and the President and Directors of the 
Literary Fund of North Carolina of the other part , 
witness that the said Dabney Cosby, sen,. Dabney Cosby, 
jr. and Jno. W. Cosby shall provide and erect on Cas- 
well Square, in the City of Raleigh, suitable Buildings 
for the comfortable accommodation of the Deaf Mutes 
and Blind persons in this State, of the forms ond dimen- 
sions, and according to the plans and specifications, as 
set forth in the drawings and papers hereunto annexed; 
and the said Dabney Cosby, sen., Dabney Cosby, jr. and 
Jno. W. Cosby shall, at their own cost and charges, find, 
provide and deliver all and every kind of new materials, 
of the best quality and description, together with the 
goods and chattels, cartage, scaffolding, tackle, tools, 
moulds, matters and things, labour and workmanship, 
which may be necessary for the due and proper and com- 
plete execution of what is herein required; And shall 



accordingly erect, build, perform and finish and complete 
in a pood, sound and workmanlike manner, the several 
Buildings and works, agreeably and conformably in all 
and every respect to the specifications, drawings, dimen- 
sions and explanations and observations thereon, herein 
referred to, and all things incident thereunto, which may 
become necessary, according to the true intent and 
meaning thereof, although not specifically stated or de- 
scribed by, but which may be inferred from the aforesaid 
drawings and specifications. 

In case of frost or inclemency of the weather, the said 
contractors shall effectually cover, protect and secure 
the several works as occasion may require, and all dam- 
ages occasioned thereby by depredation, fire or other- 
wise, during the progress of the work, shall be borne and 
reinstated by and at the expense of the said contractors, 
who are to deliver up said Buildings in the most perfect 
order and condition fit for use and occupation ; which is 
to be judged by the aforesaid President and Directors of 
the Literary Fund, or such persons as they may desig- 
nate : and the said contractors shall proceed with the 
said Buildings with all reasonable dispatch, consistent 
with the due and proper execution thereof, so as to com- 
plete the same on or before the 1st of October, 1848. 

And the President and Directors of the Literary Fund 
of North Carolina, in consideration of the above cove- 
nant and agreement and the due and faithful perform- 
ance thereof, do engage to pay to the said contractors 
the sum of ten thousand dollars, to be paid in four in- 
stalments, namely; the first of three thousand dollars at 
the signing of these presents, and of a penal bond, with 
sureties, for the fuifilment of this contract as required by 
law ; the second of two thousand dollars on the first 
Monday in January, 184S ; the third of twenty-five hun- 
dred dollars on the 15th of April, 18-1S, and the fourth of 
twenty-five hundred dollars, on the completion and de- 
livering up and acceptance of the Building aforesaid. 



Upon which last payment the said contractors shall exe- 
cute a receipt in full of all demands. 

In testimony of all which, the 
said Dabney Cosby, sen. and 
Dabney Cosby, jr. and Jno. W. 
Cosby, have hereunto set their 
hands and affixed their seals. 
and the President and Directors 
of the Literary Fund have in- 
structed their President to sign 
the same and affix the common 
seal of the corporation, the day 
and date above written. 

WILL: A. GRAHAM, Pres. 

DABNEY COSBY, [seal.] 

DABNEY COSBY, jr.[sEAL.] 

JNO. W. COSBY, [seal.] 
Witness, C. L. Hintox. 

In the Building for the Deaf and Dumb, it is agreed to 
alter the original plan and specification as follows, to 
"wit: 

1st. The whole height of the Basement shall be nine 
feet, six inches, and eight feet in the clear. 

2d. Windows of the same to contain twenty •five lights 
instead of thirty. 



VARIATIONS 



In compliance with the requirement of the Literary 
Board, I herewith furnish a list of the variations from the 
specifications and Drawings of the Building for the Desf 
and Dumb. 

This list contains the variations that have been made 
with the sanctions of the Board, as well as those that 
have been made without their sanction; and all varia- 
tions whether of advantage or disadvantage to the Build- 
ing are included. 

FIRST. 
In the drawings, the Tower is placed in the centre of 
the main Building. It is now in the front. 
SECOND AND THIRD. 
In the drawings, the Stairs running from the £nd to the 
3rd story, are straight, like those in the first story. They 
are altered to Platform Stairs. 

FOURTH. 
The windows in the third story have no weights. The 
specifications require the windows to be finished plain as 
in Basement. These have one sash hung with weights. 
FIFTH. 
The specifications require the Window Jambs in 3rd 
story "to be finished with corner bead and plastered." 

The rooms on one side of the passage are finished with 
wooden jambs. 



SIXTH. 
The middle front window of the 3rd story was to be a 
"easement window, opening to the floor, to allow a pas- 
sage to the balcony." 

This window is made without allowing any passage 
to the balcony. 

SEVENTH. 
The middle front window of the 2nd story, was to be a 
"casement window, opening to the floor to allow a pas, 
sage to the balcony." 

It is finished like the window above it in the 3rd story. 

EIGHTH. 
In the original plan, the chimneys are placed nearly in 
the centre of the side of the rooms. 

They are now placed in a different position as shewn 
in the following drawing, 

NINTH. 
There is one opening and two doors less in the cross 
walls of second story, than is laid down in original draw- 
ing as seen above. 

TENTH. 
The specifications require that the windows in the 
second story should be " recessed to the floor." This has 
not been done. 

ELEVENTH. 
The ornamental head has been omitted over one win- 
dow in the 2nd Story. 

TWELFTH. 
The specifications require a "'continued hand-railing of 
xwect gum" to the stairs. The handrailing in the first 
story is of walnut, and in the 2nd story of pine. 
THIRTEENTH. 
The doors in the second story were "to be finished as 
in the first story." They are finished as in the basement. 
FOURTEENTH. 
This deviation has been eorreeted since these devia- 
tion were presented* 



10 

and filled in with brick laid in, and grouted with cemtt? 
to the top edge of sleepers so as not to admit air." 

These floors are not more than 1 inch thick, and in pa- 
of the basement the planks are about 10 inches wide, lak 
on sleepers SX4 inches, not bedded in hydraulic c«ment 
but laid on the earth, filled in with brick, without cement 
except what is spread on the top of the bricks. Theft 
floors are laid with square joints without tongue -\n: 
groove. 

TWENTY-THIRD. 

The specifications require the floors in the first story t< 
be "secret laid." They are through nailed. 



To the President and Directors 

of the Literary Board : 
Gentlemen : 

In the foregoing list, I have endeavored to give t 
correct account of the variations from the specification 
and drawings of the Buildings for the Institution for th. 
Deaf and Dumb, as required by the President of th< 
Board. 

Respectfully your ob't serv't, 

W. D. COOKE. 
Institution for the Deaf and Dumb, ) 
December 2Qth 1848. \ 



9 

FIFTEENTH. 
In the drawings, the Corbels on the North and South 
*md of the centre building are alike, and plain. The 
South end has been made like the front, which is a lit- 
tle different from the original drawings as shewn b3low. 
SIXTEENTH. 
There are no Labels over the Basement windows in 
front. The drawings have Labels over these like the 
others. 

SEVENTEENTH. 
In the dining room, fire places have been made. Th« 
original drawings contemplate the use of stoves in this 
room. 

EIGHTEENTH. 
The specifications require the basement story to be 
9 feet high in the clear It is now S feet high. 
NINETEENTH. 
The specifications require that the walls should be 
'plastered two coats and whitewashed," except the main 
mssage, Parlor, Library, Sitting Room and ceiling of the 
tecqnd story. The} have been finished with a hard coat 
bat will allow of being white-washed when they become 
soiled. 

TWENTIETH. 
The windows in the basement have one row of lights 
ess than in the original drawing. 

TWENTY-FIRST. 
The front door is not according to the original draw- 
ng. The top of this door was to be in a line with the 
jps of the windows, to allow a transom light above the 
oor. It was also to have been of the same width as 
le windows, that there might be uniformity in all the 
•ont openings. 

TWENTY-SECOND. 
The floors in the basement were "to be of heart-pine. 
? inch thick, not more than 7 inches wide, laid on sleep- 
s 3 X 4 , bedded in hydraulic cement, 18 inches apart, 



[EXECUTIVE DOCUMENT, NO. IS.] 



MESSAGE 



OF 



HIS EXCELLENCY, 



GOVERNOR II IN IT, 



RELATIVE TO THS 



RALEIGH AND aASTOlf RAIL ROAD, 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 
1849. 



MESSAGE* 



Executive Detaf. imevt, ) 
January 23, A. D. 184!?. ) 

TO THE GENERAL ASSEMBLY OF THE STATE OF MIRTH CAROLINA : 
I have the honor to lay before you a transcript 
from the Minutes of the Board of Commissioners, 
charged by law with the duty of supervising the af 
fairs of the Raleigh and Gaston Kail Road, together 
with a Communication from Thomas Miller, Esq. 
the President of the road. 

The important interests which the State owns in 
this property, makes it my duty, as the organ of the 
Board, to make known distinctly to your Honorable 
Body its present prospects and condition ; to the. 
end that suitable provision may be made by law, to 
avoid the public loss which will result from permit- 
ting operations thereon to be suspended until the next 
meeting of the General Assembly. 

The Board of Commissioners is assured by the 
President of the Road, that without suitable repairs, 
transportation thereon can be kept up but a verv 
*hort time. 

CHAS. MANLY, 



Executive Office, ? 
January 6, 1849. 5 
Board of Commissioners for the Management 
of the Raleigh and Cfaston Rail Road Company 
met, and took into consideration the condition of 
the Road \ after having the representation of the 
President of the rail road, it was suggested that an 
expose of its situation be presented to the General 
Assembly, that proper action may be had thereupon. 
Ordered that the President of the Board make a 
Communication in writing to the Board setting forth 
the facts which have been here verbally stated- 
Board adjourned to meet again on Monday next. 
WM. F. COILTNS, Clerk, 



Ex £ ,c • u t t v e Office, > 

Monday, Jan. 8, 1849. \ 



The Board of Commissioners for the management 
of the Raleigjh and Gaston Hail Road, met this day 
in pursuance of adjournment, when the Chairman 
read a commnnication fro v ji the President of the road, 
touching its condition, &c, whereupon, after con- 
sidering said communication, it was Resolved, that 
the same be laid upon the table, and the Chairman 
requested to submit the same to the Legislature now 
in session. 

WM. F. COLLINS, Clerk, 



*• 



Raleigh and Gaston Kail Road OhCe, / 
January %tk, 1849. y 

To the Board of Commissioners of tha 

Baleigh and Gaston Hail lload ; 

The undersigued deems it liis duty to call your 
attention to the Raleigh and (xaston Rail Road, and 
to state that the income at present is not sufficient to 
meet the current expenses. 

Agreeably to instructions from your Board, the 
necessary number of Machinists, Carpenters, Over- 
seers and Negroes were employed for the pre- 
sent year, but as the current receipts from the busi- 
ness of the road will not maintain this force, it is, 
therofore, respectfully submitted for the considera- 
tion of your Board what course shall be pursued. 
As, on many parts of the load, the track for eight 
or t^n feet has no iron, it is important for the pres- 
ervation of the timber, that there should be immedi- 
ately purchased some three or four miles of iron 
pails 

THOS. MILLER, President. 



fc 



[SENATE DOCUMENT, NO. 1.1 



The committee on the Judiciary to whom was re- 
ferred the Bill for the relief of Executors and Ad- 
ministrators, have had the same under consideration 
and have instructed me to report the Bill back, and 
recommend that all be struck out after the enacting 
clause, and the accompanying amendment be sub- 
stituted therefor. 

W. N. H. SMITH. 

One of the Committee. 



A JUL i. 

To provide for the settlement of Estates in the 
hands of E..v cento rs and Administrators and 
for the relief of the same. 



Section • 1 Be it enaeted by the General vis- 
2. aeinbly of the State of JVorth Carolina, and it is 
<J hereby enacted by the authority of the same, Thai 

4 whenever any Executor or Administrator in this 

5 State, shall have in his, her, or their hands any 

6 money or other effects, belonging to the estate of 

7 the testator or intestate, or such estate shall he 

8 ascertained to be insolvent, it shall and may be 

9 lawful, for such executor or administrator, at 

10 any time after two years from his, her, or their 

11 qualification, to file his, her, or their petition 

12 against the legatees, distributees, or others inter- 

13 ested therein, in the Superior Court of Law, Court 

14 of Equity, or Court of Pleas and Quarter Ses= 

15 sions of the County, wherein the will has been 

16 proved or letters of Administration granted, set- 

17 ting forth the facts and praying for an account 

18 and settlement of the estate, in his, her, or their 
16 hands; and upon its being made to appear to 

20 the Court wherein such petitiou is tiled, that a 

21 copy of such petitiou has been duly served on 



22 each of the defendants a( least ten day? be- 

23 fore the setting of the Court or in case any of 

24 them are non-residents, that due publication has 

25 been made according to the practice of the Court, 

26 such Court shall and may proceed to hear and 

27 determine the same and may make any order. 

28 judgment or decree in the case, for or against the 

29 petitioner and for or against the defendant, and 

30 each of them, that may now be made upon the file- 

31 iug of such petition by legatees or distributees, 
S2 asairist an Executor or Administrator. 



[SENATE DOCUMENT NO 2.) 

A BILL 

To secure more effectually the right of appeal 
in certain cases. 



Section I. Be it enacted by the General As* 

2 semhly of the State of North Carolina, and it is 

3 hereby enacted by the authority of the same. That 

4 where any two or more persons are defendants 

5 in any action at Law before any Justice of the 

6 Peace, or in any of the Courts in this State, 

7 either or any of said parlies defendant, dissatisfi- 

8 ed with the judgment of said justice of the Peace, 

9 or of such Court, may appeal from such judgment 

10 whether the other party or parties defendant are 

11 willing or not to take such appeal, and no appeal 

12 shall. hereafter be dismissed by the County, Su= 

13 perior or Supreme Courts, in this State, by rea- 

14 son of a smaller number than ail the parties de- 

15 feudant having appealed from the judgment of an 

16 inferior tribunal in any action at Law. Provided 

17 That no such appeal shall have the effect to 

18 vacate the judgment as to such defendant or 



19 defendants as sliaU.^refuse to join in the appeal? 

20 but that the judgment shall stand in full force 

21 against such defendant or defendants as shall 

22 not join in the appeal, and execution may issue 

23 there on accordingly and if any satisfaction should 

24 be had thereon, it shall at any time be allow- 

25 ed as a payment or discharge of so much of the 

26 claim or cause of action against the defendant or 

27 defendants appealing, and may be plead and 

28 shewn at any time before a final judgment, but 

29 not to control the cost of such appeal. 



[SENATE DOCUMENT, No. 3.] 



A BILL 



TO 



PROVIDE 



FOR MAKING A 



TtJRMPIO EOID 



FROM 



SALISBURY, WEST, 



TO THE LINE OP THE 



STATE OF GEORGIA 



RALEIGH ; 

8EATON GALES, PRINTER FOR THE STATE, 

1S4§, 



The Committee on Internal Improvement, to which was 
referred a Bill entitled "A Bill to provide for making a 
Tunrnpike Road from Salisbury west to the line of the 
State of Georgia," have had the same under considera- 
tion, and have instructed the undersigned to report the 
said Bill back to the Senate, without amendment, and 
recommend its passage. 

Respectfully submitted, 

S. F. PATTERSON, Ch'mn. 



A BILL 

To provide for a Turnpike Road from Salie 
bury West, to the line of the State 
of Georgia. 



Section J. Be it enacted by the General Assembly of the 

2 State of North Carolina, and it is hereby enacted by the 

3 authority of the same, That there shall be laid out and 

4 established a Turnpike Road from Salisbury west, to 

5 the County of Cherokee and to the line of the State of 

6 Georgia. 

Sec. II. Be it further enacted, That the same Road 

2 shall be made thirty feet wide except where there 

3 shall be side cutting, and in such places it shall be 

4 twenty feet wide, and in no part of the Road shall it 

5 rise in ascending any hill or mountain more than one 

6 foot in sixteen feet; except that part of the Road west 

7 of the Buncombe Turnpike Road, and in that part it 

8 shall be made twenty feet wide, except where there is 

9 side cutting, and there it shall be fifteen feet wide 

10 and in no part to be steeper than to rise one foot in 

11 fifteen feet, and to be well made under the direction 

12 and superintendance of an Agent of the State to be 

13 appointed as hereinafter provided, 



Sec. III. Be it further enacted, That it shall be the 

2 duty of the Governor to appoint a competent and ex- 

3 perienced Engineer and three Commissioners to sur- 

4 vey and locate said Road, who shall first take an oath 

5 before one of the Judges of the Superior Courts faith- 
b" fully to discharge said duty to the greatest advantage 
7 for the State. 

Sec IV. Be it farther enacted, That if the owner or 

2 owners of any land through which said Road shall 

3 pass, shall conceive him, her or themselves injured 

4 thereby, it shall be competent for such owner or own- 

5 ers either by petition or motion to the County Court of 

6 the County in which the damage is done, praying for 

7 a jury to view the premises and assess the damages 
3 sustained, and it shall be the duty of the Court to or- 

9 der such jury to be summoned as in other cases of 

10 public Roads, and it shall be the duty of the Jury to 

1 1 take into consideration the advantage to the land as 

12 well as the injury occasioned by the making of said 

13 Road, and on the report of the jury made to and con- 

14 firmed by such Court, the damage shall be paid by the 

15 County in which the damage is sustained. 

Sec V. Be it further enacted, That on the report of 

2 the Engineer and Commissioners, herein directed to 

3 be appointed, being made to the Governor, shewing 

4 that they have performed the duty required of them 

5 by the third section of this act, it shall be the duty of 

6 the Governor to appoint one of such Commissioners 

7 or other suitable person to act as Agent of the State, 

8 to contract for and superintend the making of said 

9 Road, and it shall be his duty to let out and contract 

10 for the building of said Road in lots of one mile each, 

11 to be let to the lowest bidder. 

Sec VI. Be it further enacted, That it shall be the 
2 duty of the Commissioner or Agent aforesaid, so to 



3 provide in each contract that no part of the price for 

4 making any lot shall be paid until the lot is complete 

5 ed and received ; and the payments shall only then be 

6 made as the collections are made on the debts due the 

7 State for the sale of the Cherokee lands, and from the 

8 sales to be hereafter made of the unsold Cherokee 

9 lands, or in the bonds themselves if the contractor 
10 should prefer them, and to be collected only at such 
31 times as the other bonds'are or shall by law be made 

12 collectable ; and the contracts shall be made as far as 

13 the collections and receipts from said debts and lands 

14 will justify and no farther. 

Sec. VII. Be it further enacted, That all the bonds due 

2 the State for the sales of Cherokee lands, and all judg- 

3 ments rendered on such bonds, together with all the 

4 lands, sold and unsold, (where grants have not issued,) 

5 in the Counties of Cherokee, Macon and Haywood, are 

6 hereby pledged for the making of said Road until the 

7 same is completed. 

Sec. VIIL Be it further enacted, That if any debtor 

2 or debtors of the State for purchase of Cherokee land, 

3 should become a contractor for building any part of 

4 said Road, it shall be the duty of the Agent of the 

5 State to give such contractor a certificate of the time 

6 of completing his contract and the amount due there- 

7 for, and such certificate shall be received in payment 

8 of so much on the debt or debts of such contractor, 

9 whether in bond or judgment. And it shall be com- 

10 petent for saidAgent to contract to pay any contractor 

11 on said Road in the bonds aforesaid, to be paid or col- 

12 lected according to the existing laws on the subject. 

Sec. IX. Be it further enacted, That when said Road 

2 is completed, it shall be the duty of the Governor to 

3 cause toll gates to be erected thereon at convenient 

4 distances and to collect from persons and property pas- 
6 sing the same a toll, to be by him and the Agent of 



6 the State so adjusted and distributed as not to collect 

7 in any year more than six per cent, on the entire cost 

8 of the Road : Provided that no one shall be subject 

9 to pay toll at any gate in the County in which he re- 
10 sides or within twenty miles of his residence. 

Sbc. X. Be it further enacted, That all laborers sub- 

2 ject to work on public roads, living within two miles 

3 of said Road , shall be required to perform six days la- 
3 bor on said Road under the same penalty as other 

5 hands are under for failing to work on public roads, 

6 and they shall be free from working on all other 

7 roads. 



[SENATE DOCUMENT, No. 4.] 

The Committee en the Judiciary to whom was 
referred " A bill to amend the 15th Section of the 
102nd Chapter of the Revised Code, entitled, 
an Act for the collection and management of a 
revenue for this State," have had the same under 
consideration and direct me to report the Bill with 
amendments and recommend its passage. 

The following are the Amendments proposed, viz. 
strike out the last clause of the first section begin- 
ing at the word " or who shall as agent of any per- 
son residing either in or out of the State, &c. to the 
end of the section. 

In the 3rd line of 2nd section, before the word 
tax, insert " annual," and other amendments to cor- 
respond. In the 2nd line, on the fourth page after 
the word, " recommend," insert, by action of debt 
before any Court of record in the County where 
the offence shall be committed. 
Then strike out the last Section. 

All of which is respectfully submitted. 

N. W. WOODFIN. 



A BILL 

To amend the 15th Section of the 102nd Chap- 
ter of the Revised Code, entitled an Act for 
the collection and managememt of the reve 
nue for this Slate. 



Section I. Be it enacted by the General ,5s- 

2 sembly of the State of North Carolina, and it is 

3 hereby enacted by the authority of the same, That 

4 all persons shall be considered as using the pro- 

5 fession of a Broker, who shall either buy or sell 

6 bills of exchange or bills of any Bank incorpora- 

7 ted by the State of North Carolina, for the pur- 

8 pose of gain ; or who shall, as agents of persons 

9 residing either in or out of the State, receive the 

10 bills of any Bank incorporated by this State and 

11 demand payment ofthesame. 

Sec. II. And be it further enacted : That all 

2 persons desirous of using said profession, shall 

3 pay a tax to the State of one hundred dollars, to 

4 be received by the Sheriff of the County in which 

5 said person may reside, and all persons using 
G said profession without paying said tax, shall 



7 forfeit the sum of two hundred dollars, to be 

8 recovered by any person sueingfor the same, one 

9 half to the use of the person sueing, the othe r 
10 half to the State. 

Sec. III. And be it further enacted, That it shall 

2 be the duty of the Sheriff whenever information 

3 is given him that any person residing in his Coun- 

4 ty is violating the provisions of this Act, to pro- 

5 cecdto the collection of the above penalty. 



[SENATE DOCUMENT, No. 5.] 



A BILL 



PROVIDE RELIEF 



TOR THE 



PURCHASERS 



OK THE 



OHlEOOi LAND* 



AT THE 



SALES OF 1888, 



AND TO 



SECURE A PORTION OF THE DEBTS DUE THE STATE 



RALEIGH: 
8EATON GALES, PRINTER FOR THE STATE. 
1848, 



The Joint Select Committee on Cherokee lands to 
whom was referred sundry petitions from citizens of the 
Counties of Rutherford and Burke, as also so much of the 
Governor's Message as relates to the Cherokee lands, 
having carefully considered the subject, beg leave to 

REPORT: 

That it is well known to the Legislature that the Cher- 
okee Lands, which have formed the subject of so much 
legislation for the past ten years, were acquired by the 
General Government from the Cherokee Indians by trea- 
ty in the year 1835 — that the Legislature of the State at 
the Session of 1836, passed, an Act authorizing a survey 
and sale of the Lands thus acquired, and directed that the 
Commissioners of survey should classify the lands into five 
classes, upon which the Legislature fixed the following 
prices — that is to say, lands of the first class should be 
estimated at four dollars per acre — of the second class, 
two dollars — of the third class, one dollar— of the fourth 
class, fifty cents, and of the fifth class, twenty cents. Of 
the entire territory, there were surveyed two hundred 
and twenty thousand, eight hundred and fifty two acres, 
the whole of which was offered at public sale by the 
Commissioners appointed for that purpose, in September, 
1838. Of this quantity,one hundred and ninety thousand, 
four hundred and forty acres were sold, bringing the 
large sum of, three hundred and thirty two thousand, 
five hundred and ninety one dollars and ninety three 
cents; ($332,591 93) of this sum forty six thousand, four 
hundred and fifty dollars and seventy-five cents being 
the one eighth part, together with some advance payments, 
was received by the Commissioners at the time of sale 
and paid into the Public Treasury. The residue of zar- 



veyed Lands, not commanding the State prices, were 
knocked off to the State, and remain yet undisposed of, 
According to the. classification of the Lands by the Com- 
missioners of survey, the quantity actually sold, would 
amount at the prices fixed by the State, to the sum of 
$86,031 45, whereas they sold as before stated for the 
sum 01' §332,591 93. being $246,560 48 more than the 
State valuation. The State has already received on ac- 
count of this sale, including the amount paid at the time, 
the sum of $1 87,656 22 being more than double the 
amount fixed by the Act, of 1S36, as the sum which the 
State was willing to take for these lands. 

Your Committee deem it not out of place, to a proper 
understanding, to assign some of the reasons which oper- 
ated to produce the enormous prices at which these lands 
sold. By the treaty of 1835, the Cherokee Indians were 
bound to remove West of the Mississippi, within a given 
time. This event had long been expected, from the 
known policy of the General Government in relation to 
the Indian tribes within the States. Consequently many 
citizens of the State who otherwise would have gone to 
the Western or Southwestern States immediately after 
the ratification of the treaty, removed into the Indian 
territory with a view of making an early settlement and 
preparing to secure themselves homes, whenever the 
lands should be brought into market. Most of these emi • 
grants were from the Counties of Macon, Haywood and 
Buncombe, and the proportion proved to be rather lar- 
ger by the time the sales came on than the lands would 
fairly supply. The Indians, notwithstanding their trea- 
ty obligations to remove, refused to go, and the General 
Government was obliged to order out a large force to 
compel their removal. A considerable portion of these 
troops were stationed in the Country for near two years, 
and had to draw many of their supplies from the country 
itself. This created a ready demand and a high price for 
every article which the country could afford, and so long 
as the troops remained, a fictitious prosperity was pro- 
duced throughout the entire Cherokee territory. Moray 



became very abundant, and a false idea of the facilities 
which the Country afforded for making money, .seemed to 
pervade the whole community. It was just after the 
withdrawal of the United States troops that the sales ot 
1838 occurred. The people who had been thus making 
money rapidly for two or three years preceding, with 
false ideas of the true value of the lands, excited by com- 
petition from abroad, and desirous of securing the homes 
of their own selection, and without there not being valu- 
able lands enough to supply the demand, may well be 
supposed to have run into excess and extravagance, not 
justified either by a due regard to their own interests or 
those of the State. Time proved this to have been the 
case. For under the provisions of an Act of Assembly, 
passed in the year 1844, constituting a commission for 
the purpose, nearly one half of the debt then due the 
otate on account of these lands, was reported as insolvent 
and by a provision of the same A.ct, the purchasers were 
authorized to surrender the lands to the State. Hence 
it became necessary that some new provision should be 
made for the disposition of these lands; and by an Act 
passed at the last Session, a Board of Valuation was con- 
stituted to place a fair value on these lands with a pre* 
emption right to the first purchasers to take them for a 
given period, and at the expiration of that time, they 
should be subject to purchase, at the valuation fixed upon 
them, by any person who might choose to take them. 
All. except thirty-seven tracts have been disposed of. 
These still remain untaken, either by the original pur- 
chasers or other persons, but provision is made in the ac- 
companying bill which your Committee think will ensure 
their being taken up in a reasonable time. 

The Legislature having thus by the Act of the last Ses- 
sion, absolved the original purchasers (who were reported 
as insolvent) from their contracts with the State, and pel « 
mitted them to take the lands at a new valuation, upon 
their paying one fourth the amount thereof to the State, 
and securing the residue, or in other words entering into 
a new contract, your Committee cannot perceive any res 



son in view of all the circumstances of the case, why 
those who were reported as solvent purchasers should not 
be placed on an equal footing, at least with those who 
were insolvent or unable to pay. Your Committee be- 
lieve that every principle of justice, equality and fair 
dealing, demand this relief in behalf of those who have 
been honestly endeavoring for ten years past to comply 
with their engagements to the State, but who in conse- 
quence of the exorbitant prices paid for the lands pur- 
chased, and the depressed price of produce, have been 
unable to do so, however much they desired it. For the 
purpose of affording the relief prayed for, your Com- 
mittee have instructed the undersigned to report the ac- 
companying bill, and recommend its passage. 

All which is respectfully submitted 

S. F. PATTERSON, Chairman. 



A BILL 

To provide relief for the purchasers of the 
Cherokee Lands at the sale of 1888, and to 
secure a portion of the debts due the State, 



Whereas, By an Act of the General Assembly, passed 

I at the Session of 1S44-5, all persons who purchased 

3 Cherokee Lands at the sale thereof in 1838, and who 

4 were unable to pay for the same, were authorized to 

5 surrender said lands to the State ; and whereas, a 

6 large number of tracts were surrendered under the 

7 provisions of said Act, most of which were re-sold un- 

8 der the provisions of an Act passed at the last Session 

9 of the General Assembly entitled "An Act to provide 
10 for the sale of certain lands in Cherokee and Macon 

II Counties which have been surrendered to the State." 

12 And whereas, it is just and right that the solvent pur- 

13 chasers of Cherokee lands at the sale aforesaid, should 

14 be placed upon the same footing as the insolvent pur- 

15 chasers, and should have the same measure of relief ex- 

1 6 tended to them as has been given by the Act aforesaid, to 
j 7 those who were unable to pay for the lands purchased 
18 by them at the sale aforesaid — 

Sec I. Be it therefore enacted by the General Assembly 
% of the State of North Carolina, and it is hereby enacted 



3 by the authority of the same, That the County Court at 

4 Cherokee County, (a. majority of the Justices being 

5 present) shall appoint one discreet person residing in 

6 Cherokee Count), and the Governor of the State shall 

7 appoint two others not residents of Cherokee County 
S who shall constitute a Board of Valuation whose duty 
9 it shall be to value the lands of all persons heretofore 

10 returned by the Commissioners as solvent purchasers 

11 of Cherokee lands at the sale of 1838, (if so desired by 

12 the said purchaser) at a fair valuation, that is to say, 

13 what the said lands were worth when sold by the Stat<> 

14 in September 1838, including such improvements as 

15 were on them at that time, taking into consideration 

16 the localities of said lands, and the facilities the pur- 

17 chasers may have in the transportation of their pro- 

18 duce to market, and the said Board of Valuation shall 

1 9 make out duplicate lists of such valuation as soon a* 

20 may be. One copy shall be filed in the clerks office oi 
'21 the County Court of Cherokee: and the other, they 

22 shall transmit to the Governor of the State, and the 

23 copy filed in the clerks office as by this Act directed. 

24 shall be kept by the clerk among the records of said 

25 Court. 

Sec. II. Be it further exacted, That the Commis- 

2 sioners hereby authorized to be appointed, shall within 

3 sixty days after their acceptance of the appointment, 

4 meet at the Town of Murphy, in the County of Cher- 

5 kee, for the purpose of proceeding in the execution of 

6 their duties — that the Commissioner appointed by the 

7 County Court of Cherokee shall advertise for thirty 

8 days previously, at the Court House, and three other 

9 public places in said County, the time and place of 
10 meeting of the said Commissioners, and all persona de- 
ll sirous of taking the benefit of this Act, shall, within 

12 ten days next preceeding the day appointed for the 

13 meeting of the Commissioners aforesaid, apply either 

14 in person or by agent, to the Commissioners appointed 

15 by the County Court of Cherokee, whose duty it shall 



9 

16 be to attend for that purpose, and render unto him a 

17 list containing the number of tracts of land, the district 

17 in which they lie and the number of the Section of all 

18 the lands they desire to be valued under the the pro- 

19 visions of this Act, and the said Commissioners shall 

20 enter the same in regular order in a book prepared 

21 for that purpose, so that the board of valuation may, 

22 when met, forthwith proceed to the performance of its. 

23 duty as herein required. 

Sec. III. Be it further enacted, That the Commission- 

2 ers aforesaid, before entering on their duty, shall take 

3 and subscribe an oath before some Justice of the Peace 

4 of Cherokee County, that they will, according to the 

5 best of their judgment, value the lands aforesaid.fairly 

6 and impartially, as between the purchasers or those 

7 entitled to their privileges, and the State ; and that 

8 they will endeavor to do equal and impartial justice 

9 between the purchasers themselves; and the said board 

10 shall give to each of the purchasers, or the persons en- 

1 1 titled to their privileges whose lands they may value, 

12 a certificate setting forth the district, section and val» 
14 nation of each tract valued by them as aforesaid. 

Sec. IV. And be it further enacted, That the Comp* 

2 troller of Public Accounts shall furnish as soon as may 

3 be, after the passage of this Act, to the Agent of the 

4 State for the collection of Cherokee Bonds, a full and 

5 complete statement, containing the names of all the 

6 purchasers of Cherokee lands at the sale of 1838, who 

7 were returned ander the Act of 1S44 as solvent— 

8 which statement shall exhibit the amount of the bond? 

9 given for the original purchase of each tract of land, 

10 together with the date of the same, and the several 

11 payments since made thereon, whether in whole or in 

12 part, together with the date of each payment; and up- 

13 on receipt of the said statement, the Agent shall pro* 

14 ceed, upon application of the purchasers aforesaid,and 

15 upon their producing to him the certificate of the Board 

2 



10 

16 of valuation shewing the amount to which each tract 

17 has been valued, to compute interest on the said vaiu- 
IS ation, from the 1st day of September, 1843, to the peri- 

19 od at which the settlement herein provided for is made 

20 And from the aggregate amount thus formed,the agent 

21 shall deduct all payments made prior to the said 1st 

22 day of September, 1843, together with interest there- 

23 on, from the said 1st day of September, 1843, up to the 
£4 time of settlement as aforesaid: and also all payments 
35 made, after the said 1st day of September, 1S43, to- 
^6 getherwith interest thereon, from the respective periods 
27 when the payments were made, up to the period bf 
%M settlement as aforesaid; and ascertain the balance due, 
%$ if any, for which balance, he shall take from the pur- 

30 chaser or such other person as may be entitled to the 

31 privileges of the original purchaser bonds, with good 

32 and sufficient security, payable to the State in four 

33 equal annual instalments. 

Sec V. Be it further enacted, That upon the settle* 

2 ment provided for in the last preceding Section being 

3 made, and new bonds with security to the satisfaction 

4 of the said agent being given, the said Agent is hereby 

5 authorized to cancel and surrender up to the pur- 

7 chasers, their heirs, devisees or assignee?, all the orig 

8 nal bonds given for the said lands, and the said Agent 

9 shall return to the Comptroller's Office within sixty 

10 days from the period at which the settlements herein 

1 1 provided for are closed a full and complete statement* 

12 shewing the names of the obligors with the amount 

13 respectively of each new bond by him so taken, to- 

14 gether with the date of the same. 

Sec. VI. Beit further enacted, That upon the return 

2 of the statement of the Agent as provided for in the 

3 preceding Section being made to the Comptrollers 

4 Office, the Comptroller shall charge the obligors re- 

5 spectively in his books with the amount of each bond, 
C and when payments are made thereon either to tut 



11 

7 Public Treasurer or the Agent aforesaid, the Comp- 

8 troller, on being furnished with the evidence of such 

9 payment, shall enter the proper credit for the same* 

10 and in no case shall a payment be applied to a junior 

11 bond while an older one or any part of it remains due, 

12 but in all cases payments shall be applied to the bonds 

13 first becoming due until they are wholly satisfied, 

14 after which any balance of payments that may re- 

15 main shall be applied as a credit to the bond next be- 

16 coming due. 

Sec. Vil. And Whereas, it may happen that in tome 

2 cases the purchasers of Cherokee Lands at the sale of 

3 183S as aforesaid, have paid in full for the lands s>o pur * 

4 chased by them, and there is no reason why they 

5 should not be placed on the same footing as those who 

6 have not paid in full or those who have been returned 

7 as insolvent : 

8 Be it therefore enacted, That in all such cases the 

9 said purchasers upon making applieation to the board 

10 of valuation as required by this Act, shall be entitled 

11 to all the benefits and privileges herein granted to 

12 those who have not paid in full, and upon its appear ■ 
13ingtothe Agent after making a calculation as pro 

14 vided for in the fourth Section of this Act that any 

15 such purchaser has paid more than the valuation plae 

16 ed upon the land by the board of valuation, he 

17 shall give to said purchaser a certificate setting forth 

18 the amount of such excess or overpayment, and the 

19 said purchaser shall be at liberty to take in payment 

20 of the same, any of the lands surrendered under the 

21 Act of 1844 and valued under the Act of 1846, or any 

22 of the lands which have been surrendered since, at 

23 such a valuation as has been or may be placed upon 

24 them by said board. Provided, that in all cases where 

25 an excess or overpayment is found to exist, the origi- 

26 nal purchaser in whose favor it is found shall in the 

27 selection of the lands to satisfy the same have due 



12 

28 rf gard to the claims of the original purchasers of said 
€9 lands, who shall have a priority in all cases for the 

30 term of three months, and after that period, the pur- 

31 chaser or purchasers having made the over payment, 

32 shall have a priority over second persons to take any 

33 aforementioned lands in discharge of such excess or 

34 overpayment, and in case any such person shall desire 

35 to take a tract of land the value whereof is greater 

36 than the amount of excess certified to have been paid 

37 by such purchaser, he shall be at liberty to do so by 

38 executing to the Agent aforrsaid his, her, or their 

39 bonds with good security for the amount of difference, 

40 payable as provided in the fourth Section of this Act. 

Sec. VIII. And whereas, It appears that since the 

2 Board of Valuation appointed under the Act of 1846, 

3 concluded their labors, a number of tracts of land have 

4 been surrendered by the securities of the original pur- 
■5 chasers who have left the State— 

Be it therefore further enacted, That in all such cases, 

2 theBoard of Valuation hereby authorised.shall proceed 

3 to value the said lands in the same way as provided in 

4 first section of this Act; and if the original purchasers 

5 of said lands, their heirs, devisees, or assignees, respec- 

6 tively, do not appear and claim the privileges granted 

7 by the Act of 1846 to original purchasers, their heirs, 
ft devisees or assignees, within three months from the 
9 date of such valuation, and comply fully with all the 

10 requirements of said Act, then and in that case, the 
H agent aforesaid shall be at liberty, and it shall be his 

12 duty to sell or dispose of the same to any other person 

13 or persons, upon their complying with the provisions 

14 of the third section of the Act of 184C, subject never- 

15 theless, to the provisions of the preceding section of 
10 this Act. 

Sec. IX. And whereas. By the Act passed at the last 

2 Session authorising the insolvent purchasers, their 

3 heirs, devisees or assignees, to take at the new valu- 



13 

4 ation, the lands surrendered by them to the .State, no 

5 provision was made to allow the said purchasers any 

6 credit for the amounts paid by them respectively, pre- 

7 vious to the surrender of the same. And whereas, the 

8 said purchasers paid at the time of the sale.one-eighth 

9 part of the purchase money for said lands, and have 

10 paid since that time, an aggregate sum of $9,840 54, 

11 as appears from the Comptrollers Book — in considera- 

12 tion whereof, 

Be it further enacted, That no interest shall accrue or 

2 be charged on the bonds of the original purchasers 

3 given for said surrendered lands, under the Act of 

4 1846, until the respective periods when they shall be- 

5 come due. 

Sec. X. And whereas, There are now remaining un- 

2 disposed of thirty seven tracts of the said surrendered 

3 lands, valued by the Board of Valuation, under the Act 

4 of 1846, on which the original purchasers, their heirs, 

5 devisees, or assignees still reside. And whereas, The 

6 said original purchasers, their heirs, devisees or as- 

7 signees, are still desirous of purchasing the said lands 

8 at the valuation placed upon them by the Board a- 

9 foresaid. And whereas, The said original purchasers 

10 of the thirty-seven tracts aforesaid, paid to the State, 

11 at the time of purchase, one eighth part of the pur- 

12 ehase money thereof, and have since paid on their 

13 bonds additional payments, being part of the aforesaid 

14 sum of $9,840 54 — in consideration whereof, 

Be it further enacted, That the said original purchas- 

2 ers of the aforesaid thirty-seven tracts of land, their 

3 heirs, devisees or assignees, shall have a pre-emption 

4 right for the term of three months from and after the 

5 time when this Act takes effect, to take the lands ori- 

6 ginally purchased by them as aforesaid, upon their 

7 paying to the Agent of the State one fourth part of 

8 the purchase money at the time of taking the same 

9 and securing to the State the remaining three-fourths, 
i0 in four equal annual instalments without interest. 



14 

Sec. XI. Be it further enacted, That the Governor of 

2 the State be, and be is hereby authorized and em* 

3 powered, immediately alter the ratification of this 

4 Act, to instruct the Agent of the State to suspend fur- 

5 ther collections on the Cherokee bonds in all cases 

6 embraced within the provisions of this Act, until af- 

7 ter the valuation herein authorized shall be made, 

8 and the settlements herein provided for shall, or shall 

9 not have taken place. 

Sec. XII. Be it further enacted. That as a fnllcompen- 

2 sation for the performance by them of the duties here ■ 

3 in required, the said Board shall be allowed the sum 

4 of three dollars each for every day they maybe neces- 
Ssarily engaged in the discharge of the duties herein 

6 imposed, to be paid by the agent of the Cherokee lands 

7 out of any monies in his hands upon the affidavits of 

8 each of the members of the board, setting forth the 

9 number of days each may have so served, the receipts 

10 of the members of which shall be received by the 

11 Public Treasurer from the said Cherokee Agent as 

12 cash in any future settlement with him, and the said 

13 Agent shall be allowed such compensation for the 

14 services required of him by this Act, as the Governor, 

15 Treasurer and Comptroller, may allow on satisfactory 

16 proof made to them of the number of days which the 

17 said Agent may have served, or such other evidence 

18 of the amounnt of service performed by him under this 

19 Act. 

Sec. XII. Be it further enacted, That the pre-emption 

2 right granted to first purchasers, their heirs, devisees 

3 or assignees by the eight Section of this Act, shall not 

4 extend to any assignee who may have become sueh 

5 since the surrender of the lands mentioned in th« 

6 eight Section as aforesaid. 



AN ACT 

To amend an Act entitled " an Act to console 

date and amend the Acts heretofore passed 

on the subject of Common Schools." 



(INTRODUCED BY MR. SHEPARD.] 



Sec. 1. Be it enacted by the (rcneral Assembly of North 

2 Carolina, and it is Itereby enacted bij the authority of 

3 the same, That so much of the sixth seetioa of the Act, 

4 entitled "an Act to consolidate and amend the Act 

5 heretofore passed on the subject of Common Schools," 

6 as leaves it discretionary with a majority of the Jus- 

7 tices present, in the Court of Pleas and Quarter Ses- 

8 sions of each and every County, to levy a tax for the 

9 support of Common Schools in said County be, and is 

10 hereby repealed ; and hereafter it shall be the duty of 

1 1 said Justices to levy a tax in the same manner that 

12 other County taxes are now levied for other County 

13 purposes, which shall not be less than one third of the 

14 estimated amount to be received by said County for 

15 that year from the Literary Fund, which tax shall be 

16 collected and paid over in the manner mentioned in 

17 said sixth sextion ; and the Comptroller of the Treas. 



18 ury is hereby directed to issue a warrant to the Chair- 

19 man of the Board of Superintendants of any County 

20 for the share of the Literary Fund to which said 

21 County may be entitled, unless said Chairman shall 

22 certify to the Comptroller that the tax herein directed 

23 to be levied has been collected by the Sheriff and paid 

24 over to him as Chairman of the Board of Superinten- 

25 dants. 

Sec. II. Be it farther enacted, That if the Board of 

2 Superintendants for any County shall fail to perform 

3 the duties prescribed by the 20th Section of the Act, 

4 entitled "an Act to consolidate and amend the Act 

5 heretofore passed on the subject of Common Schools," 

6 the Comptroller of the Treasury is hereby directed not 

7 to issue a warrant for the share of the Literary Fund 

8 to which said County may be entitled, until the re- 

9 port, required by the 20th section of the aforesaid 

10 Act, shall be made to the President and Directors of 

11 the Literary Fund. 

Sec III. Be it further enacted, That the share of the 

2 Literary Fund to which each County may be entitled, 

3 under the provisions of the Act, entitled "an Act to 

4 consolidate and amend the Acts heretofore passed on 

5 the subject of Common Schools," shall be due and 

6 payable on or before the first Monday in December in 

7 each and every year, instead of October, as provided 
9 in said Act. 

Sec. IV. Be it further enacted, That the President 

2 and Directors of the Literary Fund shall cause to bo 

3 printed, copies of all the Acts on the subject of Com- 

4 mon Schools, which may be in force at the close of 

5 this General Assembly, and shall distribute the same 

6 in the several Counties in this State in the proportion 

7 of fifty copies for every member in the House of Com- 

8 mons, and shall forward the same to the Chairman in 



9 the several Counties, at the time the Acts of the Gen- 

10 eral Assembly are distributed, and the expense inci- 

11 dent to the printing and distribution, shall be paid out 

12 of the Literary Fund. 

Sec. V. Be it further enacted, That the Courts of 

2 Pleas and Quarter Sessions of the several Counties 

3 of this State, shall at the term next preceding the first 

4 day of January of each and every year, (a majority of 

5 the Justices of said Court being present.) appoint not 

6 less than five, nor more than ten superintendants of 

7 Common Schools, who shall hold their appointments 

8 from the succeeding first day of January for the term 

9 of one year, and until others are chosen. 

Sec. VI. Be it further enacted, That the said superin- 

2 tendants shall assemble on the first Thursday in Jan- 

3 uary, after their appointment, or as soon thereafter as 

4 convenient, and elect one of their number Chairman. 

Sec VII. Be it further enacted, That if the School 

2 Committee of any County shall fail or neglect to make 

3 the report required of them by the twelfth section of 

4 the Act entitled "an Act to consolidate and amend the 

5 Acts heretofore passed on the subject of Common 

7 Schools," said School Committee neglecting to report, 

8 shall not be entitled to draw for any money in the 

9 possession of the Chairman of the Board of Superin- 

10 tendants, belonging to said District. 

Sec VIII. Be it further enacted, That each Superin- 

2 tendant shall be entitled to one dollar for each and every 

3 day he may attend the meetings of the Board. 

Sec XIX. Be it further enacted, That the Chairman 

2 of the Board of Superintendants of Common Schools 

3 in the several Counties of the State, shall be allowed 

4 to retain as a compensation for his services, a sum 



5 not exceeding five per centum out of all the monies 
which shall pass through his hands. 

Sec. X. Be it further enacted, That so much of the 

2 Act entitled "an Act to consolidate and amend the 

3 Acts heretofore passed on the subject of Common 

4 Schools" as is inconsistent with the provisions of this 

5 Act. be and the same are hereby repealed. 

Sec. XI. Be it further enacted. That this Act shall be 
2 in force from and after its ratification. 



[SENATE DOCUMENT, No. 7.3 



The Committee to whom was referred the communica- 
tions of the Governor in relation to the Colonial and 
Revolutionary history of North Carolina, ask leave to 
report. 
The Committee have ascertained from the documents be= 
fore them and from other sources, that the records of the 
early history of North Carolina can only be procured in 
the Colonial office in England. From this fact it has 
arisen, that no historian who has hitherto undertaken to 
write the history of North Carolina, has ever had it in 
his power to present the truths of history in such a man- 
ner as to render justice to the State. Mr. Bancroft, our 
minister at London, says in the accompanying letter that 
he has examined with much care, the documents in rela- 
tion to North Carolina, and that he found them of very 
great interest. No authority could be more satisfactory 
on such a subject than that of Mr. Bancroft, who has 
written the best history of the United States now extant. 
Mr. Bancroft further says in his letter that from $600 
to 81000 would procure these valuable documents. The 
Committee believe that the present favorable opportu- 
nity of engaging the assistance of so able a man as our 
present minister in London, ought not to be permitted to 
escape. They have therefore instructed me to report the 
following resolution and to recommend its passage. 

WILLIAM B. SHEPARD, 
Chairman, 



Resolved, That his Exoellency the Governor he, and ae 
is hereby authorised and empowered to procure from te« 
public offices in London, such documents relating to the 
Colonial and Revolutionary history of North Corolina, as 
may be found worthy of preservation and being placed 
among the archives of the State, and that the Governor 
be, and is hereby authorised to draw upon the Treasurer 
of the State, from time to time, for such sums of money 
as may be necessary to discharge the duty hereby as- 
signed him, provided the whole amount does not exceed 
six hundred dollars. 




[SENATE DOCUMENT, No. 8.] 



The Committee on the Judiciury to whom 
was referred a Bill to amend an Act passed at tho 
Session of 1844-5 entitled an Act to amend the 7th 
section of the Revised Statues, entitled Guardian 
and Ward, have had the same under consideration 
aud have instructed me to report said Bill back to 
the Senate and reccommend the adoption of the 
accompanying Bill as a substitute therefor. 
Respectfully submitted, 
WILLIAM H. WASHINGTON, 

A member of the Committee. 



m 









. 



bus 







' 




J, 




nil 





it 

- 



A BILL 



To amend an Act passed at the Session of 






1844-5, entitled an Act to amend the 1th 

1 



Section of Revised Statutes entitled Guar- 
dian and Ward. 

Section I. Be it enacted by the General As- 

2 sembly of the State of North Carolina, and it is 

3 hereby enacted by the authority of the same. That 

4 when any Guardian appointed to any infant 

5 child or children in this State, shall remove him 

6 or herself, or shall remove or attempt to remove 

7 any property belonging to his or her ward or 

8 wards, with intent to reside or to place and keep 

9 said property, permanently beyond the limits of 

10 this State, the same shall be deemed and held to 

11 be as a breach of the bond or bonds which the 

12 said Guardiau may have given, for the faithful 

13 performance of his and her duty, as such ; and 

14 upon affidavit of the truth thereof, made by a 

15 surety to any such guardiau bond, or other cred- 

16 ible witness, before the Clerk of the Superior 

17 Court of Law of the County wherein such guar- 

18 dian may have been appointed, it shall be the 

19 duty of said Clerk forthwith to institute suit a- 

20 gainst such guardian and his sureties upon any 

21 or all of his or her bonds, for the recovery of the 

22 estate of the ward or wards in his or her hands, 



2S which suit shall be prosecuted by the Attorney 
21 General nr Solicitor for the Judicial District 
25 wherein such County is embraced. 

^kc. IT. Be it further enacted* That at the 

2 Imii of the Court to which such writ maybe re- 

3 turned., the said Court being satisfied of the truth 

4 of the facts charged in the affidavit aforesaid, 

5 shall and may remove said Guardian and appoint 
o* another m his or her stead; and the Guardian 
7 so appointed shall and may prosecute said suit 
n ami recover, and reduce into his or her possession 
9 all the estate of the ward or wards, in likeman- 

lli mr and to as full extent, as if the order of re- 
11 moval and appointment had been made before 
11 the commencement of said suit. 

Km-:c 111. lie it further enacted. That the Guar- 
2 diau appointed as herein provided for, shall 
H Bilker into bond with sufficient sureties for the 

4 proper discharge of all his duties, and shall have 

5 all the powers and be subject to the same respon- 
t; nihilities, as other Guardian =, appointed in the 
7 uMial manner. 

■ 



. 



[SENATE DOCUMENT, NO. 9.\ 

A BILL 
CONCERNING 




THE 



W 1 1 It I N & T X 

AND 

f RALEIGH RAIL ROAD 
COMPANY. 



RALEIGH: 

K EATON GALES, PRINTER FOR THE STATK 
18 48. 



A BILL 

Concerning the Wilmington and Baleigh Bail 
Road Company. 



Sectiox I. Be it enacted by the General Assembly of 

2 the State of North Carolina, and it is hereby enacted 

3 by the authority of the same, That it shall and may be 

4 lawful for the Wilmington and Raleigh Rail Road 

5 Company to make their bonds payable to the Public 

6 Treasurer of the State of North Carolina for the sum 

7 of two hundrrd and fifty thousand dollars, which bonds 

8 shall be signed by the President of said Company, un- 

9 der the seal of the same, and made payable for any 

10 sum or sums not less than one thousand dollars each, 

11 bearing interest at the rate of six per cent, per an- 

12 num, which interest is to be paid semi-annually, to 
1 1 wit, on the first Monday in January, and the first Mon- 

14 day in July in each and every year, until the said 

15 bonds shall be paid. Fifty thousand dollars of which 

16 bonds shall be made payable on the first day of Jan- 

17 uary, eighteen hundred and fifty-nine. Fifty thou- 

18 sand dollars shall be made payable on the first day of 

19 January, eighteen hundred and sixty. Fifty thousand 

20 dollars shall be made payable on the first day of Jan- 

21 uary, eighteen hundred and sixty-one. Fifty thousand 

22 dollars shall be made payable on the first day of Jan- 

23 uary, eighteen hundred and sixty-two. And the re- 

24 rriaining fifty thousand dollars shali be made paya- 

25 ble on the first day of January, eighteen hundred and 

26 sixtV'three. 



Sec. II. Be it further enacted. That the Public Trcas- 

2 urer of the State be, and he is hereby authorized and di- 

3 rected to endorse on said bonds, as follows, "Pay to 

4 or order," and this endorsement shall pledge the State of 

5 North Carolina for the payment of the sum in each 

6 bond, which endorsement shall be signed by the Pub- 

7 lie Treasurer, in his official capacity and countersign- 

8 ed by the Comptroller. The Public Treasurer after 

9 endorsing the bonds as before mentioned, shall duly 

10 number and register them at large, in a book prepar- 

11 ed for that purpose, and which book shall be safely 

12 kept in his office. 

Sec III. That the said bonds so to be made and. en- 

2 dorsed shall be held by the Public Treasurer, and upon 

3 the surrender to him of any one or more of the bonds 

4 of said Company heretofore endorsed by the Public 

5 Treasurer of this State, in pursuance of the provis- 

6 ions of any Act of the General Assembly of this State, 

7 authorizing and directing the Public Treasurer of this 

8 State to endorse the bonds of said Company, he shall 

9 fill up the blank in the endorsements made by him as 

10 aforesaid, in alike amount of the bonds so endorsed 

11 with those so surrendered, enter the name or names of 

12 the person or persons, or company or corporation by 

13 whom or in whose b half such surrender shall hive 

14 been made, and shall forthwith deliver such bonds to 

15 the person or persons, or company or corporation with 

16 whose name or names such endorsements have been 

17 filled up. 

Sec IV. Be it further enacted, That for the redemp- 

2 tion of the bonds hereby authorized to be made, and 

3 the payment semi-annual !y of the interests on the 

4 same, at the ra;e of six per cent per annum, the faith 

5 and credit of the State is pledged to the holders of 

6 said bonds; and on fail -J re of the President and Di- 

7 rectors of said Company to pay the said principal 

8 and interest or any parts thereof, a? it becomes due. 



9 the Public Treasurer is authorized to pay the *ame 
10 out of any money in the Treasury at the time. 

Sec. V. Be it further enacted, That the said bonds 

2 shall be transferable by the holders thereof, or by his, 

3 her, or their attorney, in a book to be kept by the Pub- 

4 lie Treasurer lor that purpose ; and in every such 

5 transfer the outstanding bonds shall be surrendered to 

6 and called in by the Public Treasurer, and a new 

7 book issued for the same amounts to the person enti- 
7 tied to the same. 

Sec. VI. Be it further enacted, That whenever the 

2 President and Directors of the Wilmington & Raleigh 

3 Rail Road Company shall make, execute, and deliver 

4 to the Governor of this State, for and in behalf of the 

5 State, a deed of mortgage under the seal of said Com- 

6 pany, wherein and whereby shall be conveyed to the 

7 said Governor and his successors in office, for the use 

8 and benefit of the State, all the estate real and per-' 

9 sonai belonging to the said Wilmington and Raleigh 

10 Rail Road Company, or in any manner pertaining to 

11 the same ; excepting however the lot of land and 

12 wharf situated in the City of Charleston in the State 

13 of South Carolina, and the Steam Boats belonging to 

14 said Company, with their tackle, apparel and furni* 

15 ture, conditioned for indemnifying and saving harm- 

16 less the State of North Carolina from the payment of 

17 the whole or any part of the bonds hereby authorised 
IS to be made and issued by the President and Directors 

19 of the Wilmington and Raleigh Rail Road Company 

20 and endorsed by the Public Treasurer, also shall make, 

21 execute and deliver to the Governor and his successors 

22 in office for the use and benefit of the State, a pledge 

23 of so much of the profits of said Company, as shall be 

23 sufficient to pay semiannually the interest which may 

24 accrue on said bonds, until the final payment and re- 

25 demption of the principal of said bonds ; which said 

26 deed or deeds of mortgage arid pledge shall b« 04?- 



*7 fifoVed by the Governor and Attorney General of the» 
SS State ; then it shall be the duty of the Public Trea- 
20 surer, and he is hereby required, to deliver the bonds 

30 which by this Act he is authorised and directed to en- 

31 dorse in the manner and to such amounts as is set 

32 forth in the foregoing Sections of this Act. 

Sec. YII. Be it further enacted, That in case of failure 

2 by the President and Directors of the said Wilmington 

3 and Raleigh Lia.il Road Company to pay and discharge 

4 semi-e.nnuaUy, the interest which may accrue on the 

5 bonds hereby authorised to be made and executed, and 

6 which may be delivered to the Company, it shall be 

7 lawful for the Governor, for the'time being, to apply, 

8 in behalf of the State, to the Superior Court of Equity 

9 for the county of Wake, for a sequestration of the re- 

10 ceipts for transportation on said Road, and for the ap« 

11 pointment of a receiver or receivers of said receipts, 

12 which Court, on the proof of the failure by the President 

13 and Directors of said Company to pay said i nteresf .shall 

14 have power to order such sequestration, and appoint a 

15 receiver or receivers accordingly. And in case of such 
»](> sequestration, and the appointment of receiver or receiv. 

) 7 ers of the profits for transportation on said road, it shall 
IS be the duty of such receiver or receivers, to apply so 

19 much thereof as shall be sufficient to pay the interest 

20 on said bonds semi-annually, and to pay the excess to 

21 the President and Directors of said Companj'. 

Sec VIII Be it further enacted. That in case of the fail- 

2 ure of the. President and Directors of the Wilmington & 

3 Raleigh R. R. Company to pay the interest on the said 

4 bonds, and redeem the principal thereof, as the said in- 

5 terest and principal, or any part thereof, may become 
C due, then it shall be the duty of the Governor forthe 

7 time being, to cause all the Mortgages mads and execu- 

8 teJ byjihe President and Directois of the said Wilming- 

9 ton & Raleigh R. R Company, to be foreclosed in the 

10 Superior Court of Equity forthe County of Wake, 

11 which Court is h ereby authorised and empowered to 

12 take jurisdiction of the same. And on the decree of 

13 foreclosure being made by said court, the whole estate, 

14 real and personal, shall be sold at such times, and in 

15 such ways as the Court may direct. And out of the pro* 

16 cceds of such Kale or sales, shall be paid the whole a- 

1 7 mount of the principal and interest which may be due 

18 on said bonds, and all other liabilities whatsoever of 
IP the State for and on account of said company. 



Sec. IX. Be it further enacted. That in ease the Pre». 

2 ident and Directors of said Company shall fail to ap* 

3 ply the proceeds and incomes of said Road according 

4 to the provisions of this Act, then, and in that cnae, ft 

5 shall be the duty of the Governor of the State, for the 

6 time being, to compel their compliance according m 

7 the manner prescribed in the foregoing sections of 

8 this Act. 

Sec X. Be it further enacted. That the said Wilming. 

2 ton and Raleigh Rail Road Company shall pav" to the 

3 Public Treasurer, the sum of two hundred dollars as 

4 compensation for the services required of him, bv the 

5 provisions of this Act. 

Whereas, The said Wilmington and Raleigh Rail Road 

2 Company is desirous of improving the said Road bv 

3 relaying it with new and heavy iron, which wifl 

4 greatly enhance the value of the stock held by the 

5 State, as well as the individual stockholders, and, 

6 whereas, to effect that object, it may be necessarv for 

7 said Company to contract a loan. 

Be it therefore enacted by the General Assembly of the 

2 State of North Carolina, and it is hereby enacted by 

3 the authority of the same, That the said Wilmington 

4 and Raleigh R. R. Company shall be, and are hereby 

5 authorised to borrow a sum not exceeding $5-2i),i)Ou t 

6 for the purposes mentioned, and shall be authorized* 

7 if found necessary, to mortgage the Road, and all th« 

8 property and effects belong to the said Company, for 

9 the security of said loan ; which mortgage, it is here- 

10 by declared and enacted, shall bo preferred to the 

11 mortgage, and pledge to be executed under the pre* 

12 vious provisions of this Act, and all such other mort- 

13 gages and pledges as may have been heretofore exe- 

14 cuted by said Company, to secure the State against 

15 its loss by reason of her endorsement for said Compa 
1G ny, and in case of default by said Company, the said 
17 mortgage so to be executed shall be first satisfied. 

And whereas, by the completion of the contemplated 

2 Road from Wilmington to Manchester, in South Car- 

3 olina, the stock in the Wilmington and Raleigh Rail 

4 Road Company will be greatly increased in value, and 

5 whereas, the individual stockholders of the said Wil- 



('. mington ami Ualeigh Hail Road Company have sub- 
's Scribed to the capital stock of the said Wilmington 
8 and Manchester Rail Road Company, to a large a- 
i) mount from their individual funds, and therefore it is 
10 right that the State should also contribute to the con- 
1 ! struct ion of the said Wilmington and Manchester Rail 

12 Road ; therefore', b.e it further enacted, that one half of 

13 the shares of stock now owned by the State in the 

14 Wilmington and Raleigh Rail Road' Company, be 
fJ5 transferred by the Public Treasurer to the President 
lf» and Directors of the Wilmington and Raleigh Rail 

17 Road Company, to be by them disposed of, so as to be 

18 applied, or the proceeds thereof to be applied, as a 

19 .subscription of stock to the said Wilmington and Man- 
gQ chester Rail Road Company, in behalf of the said Wil- 

21 mington and Kalefg'b, Rail Road Company ; and the 

22 said Wilmington and Raleigh Rail Road Company is 
■23 hereby aut homed to make a subscription to the stock 
2*4 of the said Wilmington and Manchester Rail Road 
2a Company to an amount not exceeding three hundred 

26 thousand dollars, including the proceeds of the stocK 

27 directed to be transferred by this Act. Provided, 
2S That the transfer of the stock of the Slate in the 
2') Wilmington & Raleigh Rail Road Company by this Act 
tJO authorized, shall not be made until the Public Treas^ 
31 urer shall be satisfied that a subscription of stock in 
:i2 the said Wilmington and Manchester Rail Road Com- 
o3 pany, to the amount of at least four hundred thousand 

dollars shall have been otherwise made. 

Be it further enacted, That this Act shall be in fore* 
'; irom and after its ratification. 



LSENATE DOCUMENT, NO. 10.1 



A BILL 



TO AUTHORIZE THS 



BOARD OF INTERNAL IMPROVEMENT 



TO 



DISPOSE 



OF THl 



CLUB FOOT AND HARLOW'S CKEEK CANAL. 



RALEIGH: 

9EATON SALES, PRINTER FOR THE STATE 
1848, 



The Committee on Internal Improvement to whom was 
referred a bill entitled "A bill to authorise the Board of 
Internal Improvement to make sale of the Clubfoot and 
Harlow's Creek Canal," and also a resolution in relation 
to the same subject, having had the same under conside- 
ration, respectfully 

REPORT: 

That it appears to your Committee, that the Clubfoot 
and Harlow's Creek Canal which is now the property of 
the State, is in a dilapidated condition.and almost impas- 
sable, by reason of obsf ructions in and over the same. — 
That it is believed, if the said Canal was put in good re- 
pair, it would yield a fair income on the amount of outlay 
necessary to accomplish that object, while i 
time, it would be highly ail sran f ag ous I 
the State in which it lies, by afford! n£ 
the transportation ot pfodu :e I 
object so desirable, two .) 
To lease the said Canal on liber 
exceeding twenty yen rs; and se< 
public auction to the big \t bidder, wi 
of a corporation. For reasons looking to the future, your 
Committee are of opinion that it. would be unwise 
Legislature at present, to divest the Slate of the tit 
their property by authorising a. positive sale, if that run 
be avoided, and the Canal at the same time preserved. — 
Your Committee, therefore, would prefer that a proper 
effort should first be made by the Board of Internal Im- 
provement, to lease for a term of years, the said Carnal, 
by making the terms most liberal. But if that cannot be 
effected within a reasonable time, then the said Board.in 
its discretion, shajl be authorised to sell the iarne at pub- 
lic auction. 



To accomplish these purposes, your Committee have 
instructed the undersigned to report the accompanying 
Bill as a substitute for that referred, and for so much of 
the resolution as proposes the leasing of the said Canal 
— which Bill they recommend be passed into a law. They 
also recommend the adoption of the first of the two reso- 
lutions referred on the same subject, and the rejection of 
the second; the matter embraced in it being provided for 
in the bill herewith reported. 

All which is respectfully submitted. 

S, F. PATTERSON, Chairman, 



\ 






' 






A BILL 

To authorise the Board of Internal Improve- 
ment to dispose of the Clubfoot and Harlow's 
Creek Canal. 



Sec. 1 • Be it enacted by the General Assembly of the State 
2 of North Carolina, and it is hereby enacted by the author- 
£ ity of the same. That the Board of Internal Improve 
\ ment be, and it is hereby authorised, in its discretion, 

5 to lease out for a term of years, not exceeding twenty, 

6 the Clubfoot and Harlow's Creek Canal, to any individ* 

7 ual or association of individuals, who may be willing 

8 to lease the same, upon such terms and conditions, sti- 

9 pulated in writing, as to the said Board shall seem just 
10 and proper. 

Sec II. Be it further enacted, That in case the said Board 

2 of Internal Improvement shall not, within six months 

3 from the passage of this Act, effect a lease of the Club- 

4 foot and Harlow's Creek Canal as aforesaid.they may, 

5 if they deem the same expedient, offer the same at 

6 public auction, first giving not less than sixty days no- 

7 tice of the time, place and terms of sale, in such news- 
5 papers of the State or elsewhere, as Ihey may think 
9 proper. 



Sec. III. Be it further enacted. That in case a sale of the 
2 3»id Canal is effected by the Board of Internal Improve- 
U ment, the purchaser or purchasers, (upon complying 

4 with the terms of said sale) are hereby declared to be 

5 a body corporate and politic, by the name and style of 
H 41 The Clubfoot and Harlow's Creek Canal Company," 

7 and shall be invested with all the powers, privileges 

8 and immunities, and be liable to all the restrictions, 
.9 liabilities, duties and penalties, prescribed by an Act 

10 of incorporation, passed b} ? the General Assembly of 

11 this State, in the year 1813, entitled '*An act to incor- 

12 porate a company to be called the Clubfoot and Har- 

13 low's Creek Canal Company," so far as the said Act 

14 may be made applicable to the purchaser or purchas- 
13 ers of the Canal aforesaid; provided, however, that in 

16 case of a sale or lease of the said Canal by the Board 

17 of Internal Improvement, the said Board shall estab- 

18 lish such rates of toll for the transportation of pas- 

19 sengers, produce and other articles on said Canal^as 
£0 it may deem just and proper, which rates and no oth- 

21 er shall be receivable by the purchaser or purchasers 

22 of said Canal. 

Src. IV. Be it further enacted, That in case a lease 
'J or sale of the said Clubfoot and Harlow's Creek Ca- 

9 nal is effected according to the provisions of this Act, 
•1 no tolls shall be fixed or established by the Board of 

5 Internal Improvement or received by the person or 

6 persons leasing or purchasing the same until the said 
1 Canal shall first be put in good condition, suitable for 

8 the transportation of persons, produce and other artic- 

9 les, to be judged of by the Board of Internal Improve- 

10 ment, nor shall the person or persons leasing or pur- 

1 1 chasing said Canal, obstruct the passage of boats or 

12 prohibit the transportation of any produce or other 

13 articles on said Canal, or receive any toll or remuner- 
H ation for the me of the S'affie, until authorized so to do 
i«j bv the Board of Internal Irflprovcmefit. 



Sec. V. Beit further enacted, That if the individual 

2 or company leasing or purchasing the said Canal ass 

3 herein provided for, shall at any time after the period 

4 fixed by the Board of Internal Improvement for the 

5 receipt of tolls thereon, permit the same to be out of 

6 repair so that boats cannot pass with facility and safe- 

7 ty for the space of twenty days at any one time, they 

8 shall not charge or receive any toll during the said 

9 period, and shall moreover be liable for any damage 

10 which any person may sustain by detention or other 

1 1 causes in consequence of the said Canal being out of 

12 repair, to be recovered by suit in either the County or 

13 Superior Courts of the County in which such detention 

14 or damage may happen. 



RESOLUTIONS, 
Resolved, That the Governor be requested to cause a 

2 conveyance to be made by the Clerk and Master in 

3 "Equity, for Wake County, to " the President and Di- 

4 rectors of the Board of Internal Improvements," for the 

5 use of the State, of all the property, appendant to 

6 the " Clubfoot and Harlow's Creek Canal," which was 

7 purchased in, by the Public Treasurer, under the in- 

8 structions of the (Governor, at a sale made, by virtue 
U of a decree of the Court of Equity, at the instance of. 

10 the Strife. 

Resolved further. That after such conveyance shall 

2 have been made and registered, the said M Board of 

3 Internal Improvements/' may Jease the said canal, for 

4 a term of years not exceeding twenty, upon such 
J> terms and conditions stipulated in writing', as to them 
8 shall seem just, and proper. And that they may also 
% adopt any measures which they may think necessary 

10 tor the preservation of said canal, and to prevent any 

11 injury ef obstrttCtien of thd-name- 



[SENATE DOCUMENT NO H,j 



The Committee to whom was referred the communica- 
tions of the Governor in relation to the Colonial and 
Revolutionary history of North Carolina, ask leave to 
Report. 

The Committee have ascertained from the documents 
before them and from other sources, that the records of 
the early history of North Carolina can only be procured 
in the Colonial office in England. From this fact it has 
arisen, that no historian who has hitherto undertaken to 
write the history of North Caroliua, has ever had it 
in his power to present the truths of history in such a 
manner as to render justice to the State. Mr. Bancroft, 
our minister at London, says in the accompanying letter 
that he has examined with much care, the documents in 
relation to North Carolina, and that he found them of 
very great interest. No authority could be more satis- 
factory on such a subject than that of Mr. Bancroft, who 
has written the best history of the United States now ex- 
tant. Mr. Bancroft further says in his letter that from 
§600 toSlOOO would procure these valuable documents. 
The Committee believe that the present iavorable oppor- 
tunity of engaging the assistance of so able a man as 
our present minister in London, ought not to be permit- 
ted to escape. They have therefore instructed me to re- 
port the following resolution and to recommend its pas- 
sage, 

WILLIAM B, SHEPARD, 

Chairman. 



RESOLUTION. 



Resolved, That His Excellency the Governor be, and 
he is hereby authorised and empowered to procure from 
the public offices in London, such documents relating to 
the Colonial and Revolutionary history of North Caroli- 
na, as may be found worthy of preservation and being 
placed among the archives of the State, and that the 
Governor be, and he is hereby authorised to draw upon 
the Treasurer of the State, from time to time, for such 
sums of money as may be necessary to discharge the duty 
hereby assigned him, provided the whole amount doe* 
not exceed six hundred dollars. 



90 Eaton Square, London, 4th July, 1848. 
My Dear Sir: 

I hold it of good augury, that your letter of the 12th 
of June reached me by the Herman, just in time to be an- 
swered this morning. 

You may be sure that I have spared no pains to dis- 
cover in the British State Paper Office a copy of the Re- 
solves ol the Committee of Mecklenburg; and with en- 
tire success. A glance at the Map will show you that, 
in those days, the traffic of that part of North Carolina 
took a southerly direction, and people in Charleston, ami 
sometimes even in Savannah, knew what was going on 
in "Charlotte Town," before Governor Martin. The 
first account of "the extraordinary Resolves by the people 
in Charlotte Town, Mecklenburg County* was sent over 
to England, by Sir James Wright, then Governor of Geor- 
gia, in a letter of the 20th of June, 1775. The newspaper 
thus transmitted is still preserved, and is the number 408 
of the S. C»r ilinaGaz t- and Coun'y Joiirna I, Tuesday 
June 13, 1775. I read the Resolves you may be sure, 
with reverence, and immediately obtained a copy of 
them ; thinking myself the sole discoverer. I do not send 
you the copy, as it is identically the same with the pa- 
per which you enclosed to me ; but 1 forward to you a 
transcript of the entire letter of Sir James Wright. The 
newspaper seems to have reached him after he had fin- 
ished his despatch, for the paragraph relating to it is ad- 
ded in his own hand-writing, the former part of the let- 
ter being written by a Secretary or Clerk. 

I have read a great many papers relating to the 
Regulators; and am having copies made of a large num. 
ber. Your own State ought to have them all, and the 
expense would be for the State insignificant, if it does not 
t>end an Agent on purpose. A few hundred dollars would 
copy all you need from the State Paper Office on all 



4 

North Carolina topics. The Regulators arc, on many 
accounts, important. Their complaints were well foun- 
ded, and were so acknowledged, though their oppressors 
were only nominally punished. They form the connecting 
link between resistance to the Stamp Act, and the move- 
ment of 1775 ; and they also played a glorious part in 
taking possession of the Mississippi valley, towards which 
they were carried irresistibly by their love of indepen- 
dence. It is a mistake, if any have supposed, that the 
Regulators were cowed down by their defeat at the Al- 
lemance. Like the mammoth, they shook the bolt from 
their brow and crossed the mountains. 

I shall always be glad to hear from you, and to be of 
use to you or your State. 

Very truly yours, 

GEORGE BANCROFT. 
}). L. Swaik, Esq.. 

Chapel Hill. North Carolina. 



Gov. Wright, to the Secretary of Stair, ) 

20 June, 1775. j 
S. 1*. O. Georgia, Vol. 218. 

NO. 51. 

Say. in Georgia, the ^0 June 177."). 
My Lord, 

The Liberty People have now got another pre- 
tence for raising men. They assert that Mr. Stuart, 
the Superintendent, has been endeavoring to raise the 
Cherokee Indians to come down against them ; this they 
alledge they have got undoubted proof of, and all he can 
say will not convince them to the contrary ; his friends 
in Charles Town gave him a hint, and he left that and 
came here, but they sent some of their party here, who 
have so inflamed and enrag'd our people that he he did 
not think himself safe, and His Majestys arm'd schoon- 
er, St. John, having put in from Providence, he went on 
board her and I suppose by this time is sail'd for St. Au- 
gustine. And several boats full of men from the Caroli- 
na side have been down at oui inlet some days. The 
accounts differ as to No.; some call them 50. others 80, 
all well and completely arm'd* Some alledge their in- 
tention was to seize on Mr. Stuart, which very probably 
was part of their errand ; but I believe they have anoth- 
er point in view, and that is, 3 vesseh being expected here 



from London, and a considerable quantity of gun pow- 
der being on board for the Indian Trade, they intend to 
seize on that and carry it to Carolina ; and this is certain- 
ly in their power to do, and it is not possible to prevent it 
if attempted. And one of these vessels arrived here on 
Saturday the 18th instant, and the Capt., one Ashe, in- 
forms me that several boats lay off a little way from 
him, and that one with 3 or 4 men came on board and 
one of them inquired whether he had any Gun Powder 
on board, and on shewing his cockets and their finding he 
had none, they behaved very civilly, and went away but 
made great inquiry after another Ship, one Maitland f 
who has a large quanity of Gun Powder on board, and it 
is said they intend to watch our Inlet 'till the others come 
and to take out all the Gun Powder. And if that is the 
case, I am much afraid it will embarass us with the In- 
dians, for they have for some time been very impatient 
for their usual supplys, and in order to pacify them, I 
have told them that the difference we had with them last 
year prevented the merchants from sending for goods; 
that none was wrote for 'till after our disputes were set- 
tled in October last, and that it takes a great while for 
ships to carry letters and orders from hence to England, 
and that then the goods would be to make (I told them 
this to gain time,) and afterwards be sent here, and that 
sometimes ships have very long passages, and we could 
not depend on a supply 'till late in the summer; and with 
this they were tolerably well satisfied, but if they are now 
disappointed, they will conclude we have some design 
against them, and I cant' tell what may be the conse- 
quence, for they are a very jealous, suspicious people, 
and as they have been told by the Chickasaw Indians 
that the white people are going to join the Choctaws 
against them, it may confirm that report. And thus your 
Lordship sees the state we are in, in every respect, and 
no King's Sloop or cruizer heard of yet. 

* By the enclosed paper, your Lordship will see the ex- 
traordinary Resolves of the People in Charlotte Town in 



Mecklenburg County ; and I should not be surprised if 
the same should be done every where else. 
I have the honor to be with perfect esteem. 
My Lord, your Lordships' most obl'd 

and obedient servant 

JAS. WRIGHT. 
The Earl of Dartmouth, 4-c. &c. 

* This last paragraph is in Wright's own handwriting 
and the former part of the letter being written by a sec- 
retary or clerk. 







Salem, Mass. April ltlth IS-il. 
Mij Dear Sir : 

I saw the original letter of Gov. Martin to Lord 
Dartmouth, dated, " North Carolina, Fort Johnson, 30th 
Jane, 1775," but I copied no more than one paragraph, 
this being all that related to the Mecklenburg Resolves, 
I am. inclined to think that I sent the whole paragraph to 
you, but as there may possibly have been an omission, I 
now transcribe the whole. 

" The Resolves of the Committee of Mecklenburg, 
which your Lordship will find in the enclosed newspaper 
supass air the horrid and treasonable publications, that 
the inflammatory spirits of this continent have yet pro* 
duced ; and your Lordship may depend, its authors and 
abettors will not escape ray notice whenever my hands 
are sufficiently strengthened to attempt the recovery of 
the lost authority of governmeut. A copy of these Re- 
solves 1 am informed was sent off by express to the Con- 
gress at Philadelphia, as soon as they were passed in the 
Committee." 

I am. Sir respectfully and truly yours. 
'.IV RED SPARKS, 
President Swain, 

University of North Carolina. 



[SENATE DOCUMENT, NO. 12.] 

A BILL 

AMENDATORY 

AND 

SUPPLEMENTAL 

TO 

AN ACT 

PASSED AT THE LAST SESSION 

OF THE 
ENTITLED, 



"AN ACT TO PROVIDE SUITABLE BUIDINGS FOR 
THE COMFORTABLE ACCOMMODATION OF 
THE DEAF MUTES AND BLIND PER- 
SONS OF THIS STATE." 



RALEIGH: 

SEATON GALES, PRINTER FOR THE STATE 
1848. 



The Committee to whom was referred the Resolution 
instructing them "to visit the Deaf and Dumb Institution, 
and report the situation and progress of its Buildings," 
have performed that duty, and beg leave to 

REPORT : 



That they have visited and fully examined the* Build- 
ings, and find that they have been constructed according 
to the original plan recommended by the Joint Select 
Committee of the last session, and adopted by the Gener- 
al Assembly ; and that the cost of said buildings will be 
fifteen thousand dollars, which was the sum specified by 
said Committee as being the estimated cost of the Build- 
ings. 

The Buildings have been erected on Caswell Square, 
under the direction of the President and Directors of the 
Literary Board, by a contract with Dabney Cosby and 
sons. The main Building is fifty-four feet by thirty-six. 
It has two wings, each twenty-two feet by thirty-eight, 
extending at right angles from the main Edifice, and 
projecting from each extremity of it by the width of each 
wing. In elevation, it embraces four stories, including 
the basement, and the wings three. 

In the Basement are the Dining-room, Store-rooms, 
Kitchen and Work-shops. In the First Story above the 
Basement, are the Library and Cabinet, Reception-room, 
Parlor, Sitting-rooms for the Pupils, Pupils' Work-rooms, 
and rooms for the Pupils' Clothing. In the Second Story 



are two rooms for the family apartments of the Principal, 
Matron's room, Office of Principal, Pupils' Dormitories, 
and a spare room for Company. In the Third Story are 
the Teachers' Bed-rooms, and two rooms for Hospitals, 
in case of sickness. 

The chief merit of the Building consists in its preserv- 
ing the two departments of Males and Females, as far 
as it relates to the accommodations, amusements and pur- 
suits of the Pupils out of School, so independent in every 
particular, as to constitute of them two separate and dis* 
tinct communities ; while the Dining Room, in which 
both assemble with the Teachers and family of the Prin- 
cipal, is conveniently accessible to all. 

Each department has its separate areas in the rear, its 
separate pleasure grounds, and its separate communica- 
tion with the School House, so that, for the ordinary pur- 
poses of life, there is no occasion to pass from one to the 
other. 

The School House, which is separate from the main 
Building, has not yet been commenced, but the Bricks and 
most of the other materials to be used in its construction 
are on the ground. This has been delayed, in order to 
complete the other building, that it may be occupied im- 
mediately; the house at present occupied by the Institu- 
tion having been sold. 

The School House is included in the contract for 
$15,000. The main Edifice is nearly completed, and 
will probably be ready to be occupied in the course of a 
week. 

By reference to the report of the Joint Select Commit- 
tee of the last Session of the Assembly and the Bill ac- 
companying it, which was passed with but one dissent- 
ing voice in each house, it will be seen that the Commit- 
tee reported that the Buildings would cost fifteen thou- 
sand dollars, The first section of the Bill has the follow- 
ng proviso, to wit : "Provided, that the whole cost of 
said buildings shall not exceed the sum of ten thousand 



dollars." This apparent discrepancy will be explained 
by what follows. 

When the Institution was established, the sum of five 
thousand dollars was annually appropriated out of the 
proceeds of the Literary Fund, for the support of the 
School. The Principal has nevfcr received a fixed sala- 
ry, but is paid only for the pupils actually instructed, by 
which arrangement, the expense of the establishment 
to the State has been much less than that of any similar 
Institution in the Country. This, the Committee believe, 
is the only Institution of the kind, where the Principal 
does not receive a fixed salary : and owing to this ar- 
rangement, a large amount of the annual appropriation 
has been saved, which will, at the end of the present fis- 
cal year, be at least ten thousand dollars. 

The Joint Select Committee of the last session propos- 
ed to raise the sum necessary to erect the buildings, to 
wit, $15,000, by applying the unexpended balance of the 
annual appropriation of five thousond dollars, heretofore 
made from the Literary Fund for the support of the 
School, then on hand, which it was thought would reach 
the sum of five or six thousand dollars ; and making an 
additional appropriation often thousand dollars from the 
Literary Fund. The Bill was drawn accordingly, limit- 
ing the the whole cost of the buildings to the sum of fif- 
teen thousand, in the proviso to the first section ; and 
providing in the third section for the application of the 
unexpended balance of the annual appropriation, and 
for an additional appropriation of ten thousand dollars 
from the Literary Fund. 

Before the Bill was introduced, a calculation was made 
by the Principal to ascertain what would be the balance 
saved at the close of the succeeding fiscal year, which it 
was found would in all probability amount to ten thou- 
sand dollars, and at his suggestion, in conference with 
the Committee, the sum of " fifteen thousand dollars" 



was struck out of the proviso, to the first section and the 
sum of "ten thousand dollars" inserted in lieu thereof; 
and in the third section, "ten thousand dollars" was struck 
out, and "five thousand dollars" inserted ; and in order 
to make up for the deficiency of five thousand dollars, it 
was provided that not only "any unexpended balance of 
the annual appropriation which might be on hand at the 
last fiscal year, but also so much thereof as might remain 
at the end of the present fiscal year," whatever might be 
the amount of such unexpended balance, might be appli- 
ed by the Board. 

When the Bill came before the President and Directors 
of the Literary Board, and they saw the proviso in the 
first section, they considered that they were limited to the 
sum often thousand dollars, and as the Legislature had 
adopted a plan that could not be carried out for a less 
sum than fifteen thousand dollars, the failure of the whole 
work seemed inevitable 

In this dilemma, the Principal of the Institution after 
consulting with as many members of the Joint Committee 
who reported the bill, as it was in his power to do, and 
finding that fifteen thousand dollars was the amount in- 
tended to be appropriated, gave his individual bond, with 
surety, to the contractors for five thousand dollars, so that 
they might be able to make a bid for ten thousand dol- 
jars for the buildings. 

As a report has been in circulation, that a benevolent 
Lady of this City had agreed to give five thousand dol- 
lars, to make up this deficiency, ihe Committee think it 
important to state, that there is no truth in this report, 
but that a certified copy of the bond was placed in the 
hands of the Committee, and it is so drawn, that the se- 
curity to the note cannot be called upon for the payment 
of it, until the holder fails to make it out of the principal. 
The Committee would farther state, that the bond is not 
payable until the buildings are completed, and received 
by the President and Directors of the Literary Board. 



Ill consideration of the above circumstances, the Com- 
mittee recommend, that to meet this deficiency of five 
thousand dollars, and relieve the Principal of the Institu- 
tion from the responsibility he has assumed, the Literarv 
Board be authorised and directed to apply for this purpose 
so much of the unexpended balance of the annual appro- 
priation which may remain on hand, at the expiration of 
the present and the next fiscal years, as may be necessary 
for that purpose. 

The Committee take pleasure in stating that the build, 
ings will be completed for the amount specified in the re- 
port of the Joint Select Committee of the last Session of 
the General Assembly, and that no farther appropriation 
will be asked for, for that purpose. 

In order however that the buildings may be occupied 
it is necessary that they should be furnished, and a feu- 
out buildings erected ; snch as a Smoke House, Stable, 
Wash-House and Servant's rooms, &c, and also that th-e 
grounds should be enclosed. It is difficult to make per- 
fectly correct calculations of the amount necessary for 
this purpose, but from estimates made by the Principal of 
the Institution, the Committee believe it will require the 
sum of twenty-five hundred dollars ; and they recommend 
that the Literary Board be authorised and directed to ap- 
ply for said purpose the sum of Two thousand five-hun- 
dred dollars from the Literary Fund, or so much thereof 
as may be necessary. 

The views of the Committee are embodied in the 
accompanying Bill which they beg leave to report, and 
recommend that it do pass. 

WILLIAM H. WASHINGTON, 
Chairman. 



A BILL 

Amendatory and supplemental to an Act pass- 
ed at the last Session of the General Assem- 
bly, entitled an Act to provide suitable build: 
ingsfor the comfortable accommodation of 
Deaf Mules, and blind persons, of this Stale. 



Whereas the General Assembly, by an Act passed at 

2 its last Session, entitled, "an Act to provide suitable 

3 buildings for the comfortable accommodation of deaf 

4 mutes, and blind persons in this State," did adopt a 

5 plan for said Buildings, for the carrying out of which, 

6 it was estimated and ascertained that the sum of fif- 

7 teen thousand dollars would be required, and 

8 Whereas, though by said Act a sufficient amount of 

9 money was placed at the disposal of the President and 

10 Directors of the Literary Board, for the erection of 

11 said buildings upon the plan proposed and adopted ; 

12 yet by an amendment to the first Section of said Act 

13 the whole cost of said Buildings was limited to Five 

14 thousand dallars ; by reason whereof, it became ne- 

15 cessary to the prosecution of the said work, according 

16 to the plan adopted, that the Principal of the Instilu- 



17 tion should give his individual bond for the sum of 

18 five thousand dollars to the contractor to enable him 
l9to undertake the work. Therefore, 

Section I. Be it enacted by the General Assembly of 

2 the State of North Carolina and it is hereby enacted 

3 by the authority of the same. That for the purpose of 

4 carrying out the object and intention of the Act of As- 

5 sembly passed at the last Session, and of relieving the 
G Principal of the Institution from the personal liability 
7 assumed by him as aforesaid, on account of said build- 
8ings, the President and Directors of the Literary 
9 Board, be and they hereby are authorized, empowered 

10 and directed to apply for the satisfaction and discharge 

11 of the bond of said Principal given as aforesaid, the 

12 sum of five thousand dollars out pf any unexpended 

13 balance, of the annual appropriation made at the 

14 Session of the General Assembly of 1844-5, for the 

15 maintainance and education of deaf mutes and blind 
1G persons of the State, as may remain on hand at the 
17 expiration of the present and next fiscal years. 

Sec II. Be it further enacted, That the President and 

2 Directors of the Literary Board be, and they hereby 

3 are authorized, empowered and directed to cause the 

4 Buildings for the Institution of the Deaf and Dumb 

5 to be properly furnished; and suitable out buildings 
G to be erected, and the grounds around the said Build- 

7 ings to be enclosed, and also to cause such other im- 

8 provements to be made thereon as they may deem ne- 

9 cessary and proper for the accommodation of the pu- 

10 pils of the Institution. Provided, however, that the 

11 whole cost of said furniture and improvements, shall 

12 not exceed the sum of two thousand five hundred 

13 dollars. 

Sec. III. Be it further enacted, That the President 
2 and Directors of the Literary Board be, and they 
2 



10 

3 hereby are authorised, empowered and directed to 

4 apply for the purposes of furnishing said buildings, 

5 erecting suitable outbuildings, and enclosing the 

6 grounds as aforesaid, the sum of two thousand five 

7 hundred dollars from the Literary Fund. 

Sec. IV. Be it further enacted, That this Act shall 

2 take effect and be in force from and after its ratifica- 

3 tion. 



[SENATE DOCUMENT, NO. 13. ] 



A B I L L 

To provide for the belter keeping of the State 
Capitol, the preservation of the enclosure of 
the Capitol Square, and the improvement of 
the grounds thereof 



Sec. 1. Be it enacted by the General Assembly of the State 
2 of North Carolina, and it is hereby enacted by the author- 
'■& ity of the same. That the Governor be, and he is here- 

4 by authorized and required to appoint the keeper of 

5 the Capitol ; and the person so appointed should be a 
C man of steady habits, intelligence and taste ; who 
7 shall hold his office during good behaviour, and give 
S bond and security to be approved by the Governor, in 
!) the sum of one thousand dollars, payable to the State 

10 of North Carolina, for the faithful discharge of the du- 

1 1 ties thereof. And said officer shall be under the 'su- 

12 pervision and direction of the Governor; who shall 

13 remove him from office for neglect or inattention to 

14 the duties thereof, and appoint another person in his 

15 stead. It shall be the duty of the Keeper of the Cap- 

16 itol, to take care of the Capitol generally, and protect 

17 it and the public property therein, as far as he can, 

18 from injury : and he shall have specially in Ms charge 



10 all parts of the building, except the Executive offices. 

20 the Supreme Court Rooms, the Public Library Room, 

21 the Adjutant General's room and the Clerks' offices of 

22 of the two Houses of the General Assembly. And it 

23 shall be his duty to keep all the apartments and en- 

24 tries hereb\' committed to his special charge, and the 

25 furniture thereof, clean and neat. And he shall open 
28 the Legislative Halls, during the recess of the Gene- 

27 ra! Assembly to all visitors, during reasonable oftlce 

28 hours ; which office hours the Governor shall deter- 
2.9 mine, for his attendance for that purpose. He shall 

30 also have in charge the State Arsenal and the public 

31 property therein, the Capitol square, the enclosure 

32 around it, the lamps at the gates, and the State Pell. 
S3 And it shall be his duty, under the direction of the 

34 Governor, at the public expense, to have the Capitol 

35 Square plowed, manured, and neatly laid out into 

36 avenues, side-walks, borders, and grass plants, and 

37 and have the said grass plants sowed with blue grass 
3S and white clover, and the borders planted with orna- 

39 mental shrubbery and llovver.s, as the said shrubbery 

40 and (lowers shall be presented, free of charge, for that 
'il purpose, by the Ladies of Raleigh, and he shall keep 
42 the grounds neatly dressed and improved. And the 
•13 expense of said improvements shall be carefully as- 

44 certained by the Governor., and paid for at the Public 

45 Treasury upon his warrant. And the keeper of the 
40 Capitol shall, besides fire-wood and lights for his of- 

47 fice room in the Capitol, be allowed and paid at the 

48 Public Treasury, upon the warrant of the Governor, 

49 the sum of four hundred dollars per annum, in quar- 

50 terly payments, as compensation in full lor all his 

51 services. 

04 

Sec II. Be it further enacted, That it shall not be 

2 lawful, under the penalty of ten dollars for each and 

3 every offence, for any person to ride on horse back, or 

4 drive any cart, waggon, or loose horse, mule, hog or 



3 

5 any other animal through the Capitol Square ; nor to 
C make a thoroughfare through it for carriages, nor to 

7 tie or fasten any horse, mule, ox or .any other animal 

8 to the enclosure thereof, either inside or outside ; nor 

9 after ihe grounds shall have been improved as afore- 

10 said, shall it be lawful during the recess of theGene- 

11 ral Assembly, for any person passing into or out of the 

12 square, to leave the gate open for the ingress of de- 

13 structive animals, nor shall any person walk over and 

14 trample down the grass plats or borders: but all or- 

15 derly white people may freely promenade the ground* 
10 during the day until 10 o'clock at night, but only in 
1.7 the avenues thereof. Nor shall any person pull the 
IS flowers or break the shruberry, nor pull up or take 

19 away from the square, any of the flower "oots, or 
'JO shruberry or trees, nor shall fire wood, for the use of 
*J1 the Capitol be carelessly hauled and dropped about 
22 the grounds and there cut up, as heretofore ; but it 

24 shall be previously cut up for the fire places and care- 

25 fully hauled through the avenues and neatly piled in 

20 the angles of the Capitol, made by the projection of 

27 the porticos. And if any person shall violate any of 

28 the prohibitions of this section, or shall break or in- 
29 jure any part of the iron enclosure around the square, 

30 or one its gates or lamps, such person, shall upon con- 

31 viol ion before any Justice of the Peace of the County 

32 of Wake, be lined ten dollars, besides the costs of suit, 

33 for each and every offence, and if it shall appear upon 

34 the trial, that ten dollers will not repair the dam- 

35 age done, said Justice shall besides the ten dollars 
34 penalty aforesaid, add thereto a sum sufficient to re- 
37 pair the same, and if the fine and costs be not then and 
39 there paid down, said Justice shall commit the ofFen- 

39 der to jail until the same have been paid. And it 

40 shall be the duty of the keeper of the Capitol to pro- 
4 I secute for all such penalties by warrant, in the name 

42 of the State before any of the Justices'** aforesaid. 

43 And all the monies so collected shall be paid into the 



42 Public Treasury, as a fund towards making repairs 

43 and improvements upon the Capitol Square. 

Sec. III. Be it further enacted, That the Executive 

2 officers, Clerks, Librarian, Adjutant General, and 

3 Door Keepers of the two Houses of the General 

4 Assembly, shall cause the ashes from the fires in 
. r > their respective rooms to be preserved and placed in 

6 such depository as the Keeper of the Capitol shall 

7 designate : which ashes he shall cause to be spread 

8 upon the Capitol grounds, as the same shall be needed. 

9 And during the recess of the General Assembly, the 

10 officers in charge thereof, shall carefully extinguish 

11 the fires and lights and close their office apartments 

12 at ten o'clock or before at night, unless an extraordi- 

13 occasion shall render it necessary for any one of them 

14 to remain until a later hour. This provision, howev- 

15 er, shall not apply to the keeper of the fapitol who 
1G may sleep in his office apartment. 

Sec. IV. Be it further enacted, That this Act shall be 

2 in force from and after the ratification thereof; and 

3 any thing in any former law which conflicts with any 

4 of the provisions of this Act shall be, and the same 

5 is hereby repealed. 



[SENATE DOCUMENT, NO. U.] 



1111 



TO 
INCORPORATE 

THE 

NORTH CAROLINA 

RAIL ROAD 
COMPANY. 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 



a 









I* 




A B I L L 

To incorporate the North Carolina Rail Road 
Company. 



Section, I. Be it enacted by the General Assembly of 

2 the State of North Carolina and it is hereby enacted by 

3 the authority of the same, That for the purpose of ef« 

4 fecting a Rail Road communication between the Wil- 

5 mington and Raleigh Rail Road, where the same 
fi passes over the Neuse River in the County of Wayne, 

6 and the Town of Charlotte in this State, the forma- 

7 tion of a corporate Company, with a capital stock of 

8 three million of dollars is hereby authorized ; to be 

9 called " The North Carolina Rail Road Company,'' 

10 and when formed in compliance with the conditions 

11 hereinafter prescribed, to have a corporate exis- 

12 tance as a body politic in perpetuity. 

Sec. II. That the said Company be, and the same is 

2 hereby authorized to construct a Rail Road from the 

3 Wilmington and Raleigh Rail Road, where the same 

4 passes over Neuse River in the County of Wayne 

5 via Raleigh, and thence by the most practicable route 

6 via. Salisbury, in the County of Rowan, to the town of 

7 Charlotte, in the County of Mecklenburg. 



Sec. III. That for the purpose o( creating th« capital 

2 stock of said Company, the following persons be, and 

3 the same are hereby appointed Commissioners ; 
4 

5 

6 That it shall be lawful to open books in the town of 

7 Wilmington, under the direction of William C. Bet- 

8 tincourt, W. A. Wright, Daniel B. Baker, Henry T. 

9 Nutt, P. K. Dickinson, Gilbert Potter and William 

10 Peden, or any three of them. At Charlotte, under the 

11 direction of David Parks, John A. Young, James W. 

12 Osborne, Joseph H. Wilson, Wm. Elms, and William 
13F. Davidson, or any three of them. At Raleigh un- 

14 der the direction of Josiah O. Watson, Duncan K. 

15 McRae, Wm. W. Holden, T. J. Lemay and Charles 

16 L. Hinton, or any three of them. At Gaston, under 

17 the direction of Edmund Wilkins, Willis Sledge, Ben* 

18 jamin W. Edwards and James Grisham, or any three 
10 of them. At Warrenton, under the direction of Wil- 

20 Ham Eaton, Daniel Turner, Peter R. Davis, William 

21 Plummer and Thomas T. Twitty, or any three of them. 

22 At Ridgeway, under the direction of George E. Bask- 

23 erville, Weldon N. Edwards, Michael Collins and Al- 

24 exander B. Hawkins or any three of them. At Hen- 

25 derson under the direction of John S. Eaton, John D. 

26 Hawkins, William Wandriers, Demetrius E. Young, 

27 or any three of them. At Franklinton, 

28 under the direction of Edward T. Foulks, William H. 

29 Simons, or any three of them. 

30 At Hillsborough, under the direction ofD. F.Long, 

31 John Berry, Edmund Strudwick and Col. Cadwallader 
82 Jones, or any three of them. At Chapel Hill, under 

33 the direction of Elisha Mitchell, William H. Merritt, 

34 Jesse Hargrave and P. H. McDade, or any three of 

35 them. At Asheboro', under the direction of Henry B. 

36 Elliot, Alexander Hujan, Jesse Harper and Jonathan 

37 Worth, or any three of them. At Greensborough, un. 

38 der the direction of John M. Morehead, John A. Gib 
30 mer. Wilson S. Hill, John A. Mcbaut and Jesse Lind- 



•10 say or any three of them. Al Jamestown, under the 

41 direction of Richard Meudenhall, Andrew Lindsey, 

42 or any three o( them. At 

43 Haywood, under the direction of Spencer \V. Mc- 

44 Clenahan, Robert Fawcett, P. Evans and John Wil- 

45 liams, or any three of them. At Pittsborough, under 

46 the direction of J. A. Stedman, Joseph Ramsay, Green 

47 Womack, and or any three of them. At 

48 Carthage, under the direction of A. Currie, Jno. M. 

49 Morrison, Cornelius Dowd and J. \). McNeil or any 

50 three of them. At Lrxington, under the direction of 

51 William P. Holt, Jno M. Leash, Charles L. Paine, or 

52 ony three of them. At Smithfield under the direction. 

53 of John McLeod, Col. Morning, Rythan Brian, 

54 or any three of them. At Salisbury, un- 

55 der the direction of Archibald H. Caldwell, Chas.F. 

56 Fisher, Horace L. Robards. Maxwell Chambers and 

57 Thomas L. Cowan, or any three of them. At States* 

58 ville, under the direction of Theophilus Falls, William 

59 F. Cowan, Thomas A. Allison, or any three of them. 

60 At Concord under the direction of Rufus Barringer, 

61 Kiah P. Harris, Daniel Coleman. R. W. Foard and 

62 or any three of them. At Mocks- 

63 ville, under the direction of John A. Lillington, Gus- 

64 tavus A. Miller, Archibald G.Carter and 

65 or any three of them. At Salem, under the direc- 

66 tion of 

67 or any three of 

68 them, whose duty it shall be to direct the opening of 

69 books for subscription of Stock, at such times and 

70 places and under the direction of such persons as they 

71 or a majority of them may deem proper. And said 

72 Commissioners shall have power to appoint a chair- 

73 man of their body, Treasurer and all other Officers, 

75 and to sue for and recover all sums of money thut 

76 ought, under this Act, to be received by them. 

Sec IV. That all persons who may hereafter be au- 
2 thorized to »pcn Books for the subscription of Stock 



"3 by tlie Commissioners herein appointed for that pur* 

4 panto, shall open*said Book?! at any time alter the rati- 

5 iication of this Act, twenty days previous notice being 
1> given, in some one. or more of thw public newspapers 

7 in this State : and that said Books when opened shall 

8 be kept open for the space of thirty days at least, and 
■ ' as long thereafter as the Commissioners first above 

10 named shall direct: That all subscriptions of stock 
1 1 shall be in shares of one hundred dollars, the subscri- 

12 bet paying at the time of making such subscription 

13 five dollars on each share thus subscribed, to the per- 

11 son or persons authorized to receive such subscription, 
15 and in case of failure to pay said sum, all such sub- 
Jt> scriprions shall be void and of no effect; and upon 
I? closing the Books, all such sums as shall have^been 
IS thus received of subscribers on the first cash instal- 
ls ment, shall be paid over to the General Commissioners 

20 named in the 3rd section of this Act, by the persons 

21 receiving them, and for failure thereof, such person or 

22 persons shall be personally liable to said General 

23 Commissioners, before the organization of said Corn- 
el pany, and to the Company itself, after its organization. 
25 to be recovered in the Superior Court of Law within 
:?6 this State, in the County where such delinquent re« 
27 sides, or if he reside in another State, then in any 
2S Court in such State having competent jurisdiction: 

29 That said General Commissioners shall have power 

30 to call on, and require all persons empowered to re- 

31 ceive subscriptions of stock, at any time, and from 

32 time to time, as a majority of them may think proper, 

33 to make a return of the stock by them respectively re- 
31 eeived, and to make payment of all sums of money 
35 made by the subscribers : That all persons receiving 
SS subscriptions of stock, shall pass a receipt to the sub' 
37 scriber or subscribers for the payment of the first in- 
US stalment, as heretofore required to be paid, and upon 
YJ their settlement with the General Commissioners, as 
Ifli afuresaid.it shall be the duty of the said General Jorn- 
41 missioners, in like manner, to pass their receipt for all 



43 sums thus received,to the persons from whom receive d. 

43 and such receipts shall be taken and held to be good 

44 and sufficient vouchers to the persons holding them : 

45 That subscriptions of stock shall be thns received to 

46 an amount not exceeding 



Sec. V. It shall be the duty of said General Coimuis- 

2 sioners to direct and authorize the keeping open of 

3 Books for the subscription of stock in the manner 

4 above described, until the sum of one million of 

5 dollars shall have been subscribed to the capital stock 

6 of said Company. And as soon as the said sum of 

7 one million of dollars shall have been subscribed, 

8 and the first instalment of five dollars per share on 

9 said sum shall have been received by the General 

10 Commissioners, said Company shall be regarded as 

1 1 formed ; and the said Commissioners or a majority of 

12 them, shall sign and seal a duplicate declaration to 
IS that effect, with the names of all the subscribers ap- 

14 pended, and cause one of the said duplicates to be de- 

15 posited in the Office of the Secretary of State ; and 

16 thenceforth, from the closing of the Books of sub- 

17 scription as aforesaid, the said subscribers to the stock, 

18 shall form one Body Politic and Corporate in deed 

19 and in Law,' for the purposes aforesaid, by the name 

20 and style of 1 The North Carolina Rail Road Com- 
31 pany." 

Sic. VI. That whenever the sum of one million of 

2 dollars shall be subscribed for in manner and form 

3 aforesaid, the subscribers, their executors, ad minis- 

4 trators and assigns, shall be, and they are hereby 

5 declared to be incorporated into a Company, by the 
6 name and style of "The North Carolina Rail Road 

7 Company," and by that name, shall be capable in Law 

8 and Equity, of purchasing, holding, selling, leasing, 

9 and conveying estates, real, personal and mixed, and 
10 acquiring the same by gift or devise, so far as shall be 



11 necessary fog the purposes embraced within the scope 
IS object and interest of their Charter, and no further; 

13 and shall have perpetual succession and by their cor- 

14 porate name may sue and be sued, plead and be im- 

15 pleaded, in any Court of Law and Equity in the State 

16 ot North Carolina, and may have and use a common 

17 seal, which they may alter and renew at pleasure ; 

18 and shall have and enjoy all other rights and immu- 

19 nities which other corporate bodies may, and of right 

20 do exercise, and may make all such bye-laws, rules 

21 and regulations as are necessary for the government 
-2 of the corporation, or effecting the object for which it 

23 is created, not inconsistent with the Constitution and 

24 Laws of the United States and of the State of North 

25 Carolina. 

Skc. VII. That notice of process upon the principal 
2 Agent of said Company, or the President or any of the 
.'< Directors thereof, shall be deemed and taken to be 

4 due and lawful notice of service of 'process upon the 

5 Company, so as to bring it before any Court within 

6 the litate of North Carolina. 

Sec. VIII. That as soon as the sum of one million of 

2 dollars shall have been subscribed in manner afora- 

3 said, it shall be the duty of the General Commission- 

4 ers, appointed under the 3d section of this Act, to ap- 

5 point a time for the stockholders to meet at Salisbu- 
(J ry, in Uowan County, which they shall cause to be 

7 previously published, for the space of thirty days, in 

8 one or more newspapers, as they may deem proper, at 

9 which time and place the said stockholders, in person 

10 or proxy, shall proceed to elect the Directors of the 

1 1 Company, and enact all such regulations and bye- 

12 laws as may be necessary for the Government of the 

13 Corporation and the transaction of its business : The 

14 persons elected Directors at this meeting, shall serve 

15 such period, not exceeding one year, as the stockhol- 
\C< ders rimy direct: and *1 this meeting, fcno stockholder* 



17 shall fix on the day and place or places where the 

18 subsequent election of Directors shall be held ; and 

19 such elections shall henceforth be annually made; 

20 but if the day of the annual election should pass with- 
al out any election of Directors, the Corporation shall 

22 not be thereby dissolved, but it shall be lawful on any 

23 other day to hold and make such election in such 

24 manner as may be prescribed by a bye-law of the 

25 Corporation. 

Sec. IX. That the affairs of said Company shall be 
2 managed and directed by a General Board, to consist 
4 of twelve Directors, to be elected by the stockholders 

4 from among their number at their first and subsequent 

5 general annual meetings, as prescribed in section 8th, 

6 of this Act. 

Sec X. That the election of Directors shall be by 

2 ballot, each stockholder having as many votes as he 

3 has shares in the stock of said Company ; and the 

4 person having a majority of all the votes polled shail 

5 be considered as duly elected. 

Sec. XL That the President of the Company shall be 

2 elected by the Directors from among their number, in 

3 such manner as the regulations of the Company shall 

4 prescribe. 

Sec. XII. That at the first general meeting of the 

2 stockholders, directed to be called under section 8th of 

3 this Act, a majority of all the shares subscribed shall 

4 be represented before proceeding to business, and if a 

5 sufficient number do not appear on the day appointed, 

6 those who do attend shall have power to adjourn 

7 from time to time until a regular meeting shall be 

8 thus formed ; and at said meeting the stockholders 

9 may provide, by a bye-law, as to the number of stock- 

10 holders and the amount of stock to be held by them, 

11 which shall constitute a quorum for transacting busi- 

2 



19 

II ness at all subsequeut regular or occasional meeting* 
13 of Stockholders and Directors. 

Sac. XIII. That at all elections, and upon all votes 
3 taken in any General Meeting of the Stockholders up- 

3 on any bye-law or any of the affairs of said Company, 

4 each share of stock shall be entitled to one vote, and 

5 that any stockholder in said Company may vote by 

6 proxy ; and proxies may be verified in such manner 

7 as the stockholders by bye-laws may prescribe. 

Sac. XIV. That the General Commissioners shall make 
9 their return of the shares of stock subscribed for at th<* 

3 first General Meeting of stockholders, and pay over 

4 to the Directors elected at said meeting, or their au« 

5 thorized agent, all sums of money received from sub- 

6 seribers, and for failure therefor, shall be personally 

7 liable to said Company to be recovered at the suit of 

8 said Company, in any of the Superior Courts of Law 
y in this State, within the County where such delinquent 

10 or delinquents may reside, and in like manner from 

11 said delinquent's or delinquents' executors or adminis 

12 trators, in case of his or their death. 

Ssc. XV. That the Board of Directors may fill all va- 

2 cancies which may occur in it during the period for 

3 whieh they have been elected, and in the absence of 

4 the President, may fill his place by electing a Presi- 

5 dent pro tempore from among their number. 

Sic. XVI. That all contracts or agreements authen* 

2 ticated by the President and Secretary of the Board of 
8 Directors, shall be binding on the Company without a 
4 seal, or such a mode of authentication may bs used, 
■ as the Company, by their bye-laws, may adopt 

Sec. XVII. That the Company shall have power and 

3 may proceed to construct as speedily as possible, a 

3 Rail Road with one or more tracks, to be used with 

4 Steam powers, which shall extend from the Wilming- 



u 

5 ton and Raleigh Rail Road where the same passes 
4 over Neuse River, in the County of Wayne, via Raleigh, 
7 to the Town of Salisbury, in the County of Rowan : 

1 Said Company may use any section of the Rail Road 
C constructed by them before the whole of said Road 

JO shall be completed. 

Sbc. XVIII. That the said Company shall have the 
3 exclusive right of conveyance or transportation of per. 

3 sons, goods, merchandise and produce, over the said 

4 Rail Road, to be by them constructed, at such charges 

5 as may be fixed on by a majority of the Directors. 

Sec. XIX. That the said Company may, when they see 

2 fit, form out their right of transportation over said 

3 Rail Road, subject to the rules above mentioned : and 

4 said Company, and every person who may have re- 

6 ceived from them the right of transportation of goods, 

6 ware and produce on the said Rail Road, shall be 

7 deemed and taken to be a common carrier as respect* 
• all goods, wares, produce and merchandise entrut- 

8 ted to them for transportation. 

Sec. XX. That the Board of Directors may call for 

8 the payment of the sums subscribed as stock in said 

3 Company, in such instalments as the interests of said 

4 Company may in their opinion require. The call for 
.5 each payment shall be published in one or more news- 

6 papers in this State for the space of one month before 

7 the day of payment ; and on failure of any stockholder 
« to pay each instalment as thus required, the Director* 

9 may sell at public auction on a previous notiee of ten 
!0 days, for cash, all the stock subscribed for,, in said 
1 ! Company, by such stockholder, and convey the same 
12 to the purchaser at said sale ; and if such sale of 
IS stock do not produce a sum sufficient to pay off the 

14 incidental expenses of the sale, and the entire amount 

15 owing by such stockholder to the Company for such 
2 6 fubsaription of stock? then **6 \n that ease the whob 



12 

17 of such balance shall be held and taken as due at once 

18 to the Compaq and may be recovered of such stock- 

19 holder, his executors, administrators or assigns, at the 

20 suit of said Company, either by summary motion in 
'21 any Court of superior jurisdiction in the County where 

22 thfc delinquent resides, on a previous notice often days 

23 to said subscriber, or by the action of assumpsit in any 

24 Court of competent jurisdiction, or by a warrant be- 

25 fore a Justice of the Peace where the sum does not 

26 exceed one hundred dollars; and in all cases of assign- 

27 ment of stock before the whole amount has been paid 

28 to the Company, then for all sums due on such stock, 

29 both the original subscribers, and the first and all sub* 

30 sequent assignees shall be liable to the Company, and 

31 the same may be recovered as above described. 
Sec. XXI. That the debt of stockholders, due to the 

2 Company for stock therein, either as original propri- 

3 etor or as first or subsequent assignee, shall be con- 

4 sidered as of equal dignity with judgments in the dis- 

5 tribution of the assets of a deceased stockholder, by 

6 his legal representative. 

Seo. XXII. That said Company shall issue certificates 

2 of stock to its members ; and said stock may be trans- 

3 ferred in such manner and form as may be directed 

4 by the bye-laws of the Company. 

Sec. XXIII. That the said Company may, at any time, 

2 increase its capital to a sum sufficient to complete 

3 said Road, not exceeding 

4 dollars, either by opening 

5 books for new stock, or by selling such new stock, or 

6 by borrowing money on] the credit of the Compa* 

7 ny, and on the mortgage of its charter and works ; 

8 and the manner in which the same shall be done in 

9 either case, shall be prescribed by the stockholders at 
10 a general meeting. 

Sec XXIV. That the Board of Directors shall once 
2 in every year at least, make a full report on the stats? 



IS 

3 of the Company and its affairs, to a general meeting 

4 of the stockholders, and oftener, if required, by a bye- 

5 law ; and shall have power to call a general meeting 
i6 of the stockholders when the Board may deem it xx- 

7 pedient ; and the Company may provide, in their by«- 

8 laws, for occasional meetings being called, end pre- 

9 scribe the mode thereof. 

Sec. XXV. That the said Company may purchase, 

2 have and hold in fee, or for a term of years, any land, 

3 tenements, or hereditaments, which may be necessa- 

4 ry for the said Road, or the appurtenances thereof, or 

5 for the erection of depositories, store-houses, houses 

6 for the officers, servants, or agents of the Company, or 

7 for work-shops, or Foundries, to be used for the said 

8 Company, or for procuring stone or other materials 

9 necessary to the construction of the Road, or for effect- 

10 ing transportation thereon, and for no other purposes 

1 1 whatever. 

Sec. XXVI. That the said Company shall have the 
4 i right, when necessary, to conduct the said Road across 

3 or along any public Road or water course. Provided, 

4 That the said Company shall not obstruct any pub- 

5 lie road, without constructing another equally as gooil 
G and as convenient, nor without making a draw in any 

7 bridge of said road, which may cross a navigable 

8 stream, sufficient for the passage of vessels naviga- 

9 ting such stream, which draw shall be opened by the 

10 Company for the free passage of vessels uavigating 

11 such stream. 

Sac. XXVII. That when any lands or right of way 

2 may be required by said Company for the purpose of 

3 constructing their Road, and for the want of agree- 

4 ment as to the value thereof, or from any other cause, 

5 the same cannot be purchased from the owner or own- 
S ers, the same may be taken at a valuation to be made 
7 by five Commissioners, or a majority of them, to b 



14 

* appointed by any Court of record, having common law 
•t jurisdiction in the County where sofu« part of the land 

10 or right of way is situated ; in making the said valu- 

1 1 ation. the said Commissioners shall take into consid- 

12 eration the loss or damage which may occur to the 

13 owner or owners in cousequence of the land or the 

14 right of way being surrendered, and also the benefit 

15 and advantage he, she or they, may receive from the 
10 erection or establishment of the Rail Road or work. 

17 and shall state particularly the value and amount of 

18 each: and the excess of loss and damage over and 

19 above the advantage and benefit shall form the mea- 
30 sure of valuation of the said land or right of way. 
21 Provided nevertheless. That if any person or persons 
32 over whose land the Road may pass, should be dissat- 

23 isfied with the valuation of said Commissioners, then 

24 and in that case, the person or persons so dissatisfied 

25 may have an appeal to the Superior Court in the Coun- 

20 ty where said valuation has been made or in either 

27 County in which th« land lies when it may lie in more 

28 than one County, under the same rules, regulations 

29 and restrictions, as in appeals from judgments of Jus- 

30 tices of the Peace. The proceedings of the said com- 

31 missioned, accompanied with a full description of the 

32 said land or right of way, shall be returned under the 

33 hands and seals of a majority of the commissioners to 

34 the Court from which the commission issued, there to 

35 remain a matter of record. And the lands or right 

36 of way so valued by the said commissioners, shall 

37 vest in the said Company so long as the same shall be 

38 used for the purposes of said Rail Road, so soon as the 

39 valuation may be paid, or when refused, may have 

40 been tendered : Provided, That on application for 

41 the appointment of Commissioners under this section, 

42 it shall be made to appear to the satisfaction of the 

43 Court, that at least ten days previous notice has been 

44 given by the applicants to the owner or owners of the 

45 land so proposed to be condemned ? or if the owner or 
i r 5 own ere be infant?, or no* Homfftot mentis, t.hea to th« 



li 

47 guardian of such owner or owners, if such gurdian can 

48 be found within the County, or if he cannot be so 

49 found, then such appointment shall not be made un- 

30 less notice of the application shall have been publish* 

31 ed at least one month next preceding, in some nevvs- 

32 paper printed as convenient as may be to the Court 

53 House of the County, and shall have been posted at 

54 the door of the Court House, on the first day at least 

55 of the term of said Court to which the application is 

56 made. Provided further. That the valuation provi- 

57 ded for in this section, shall be made on oath by the 

58 commissioners aforesaid, which oath any Justice of 
39 the Peace, or clerk of the Court of the County in 
60 which the land, or a part of it lies, is hereby author- 
dl ized to administer. Provided further, That the right 

62 of condemnation herein granted, shall not authorize 

63 the said Company to invade the dwelling house, yard, 

64 garden or burial ground of any individual, without 

65 his consent. 

Sec XXVIII. That the right of said Company to con- 

2 «emn lands in the manner described in the 27th sec- 

3 tion of this Act, shall extend to the condemning one 

4 hundred feet on each side of the main track of the 

5 Road, measuring from the centre of the same; unless in 

6 case of deep cuts and fillings, when said Company shall 

7 have power to condemn as mueh in addition thereto 
• as may be necessary for the purpose of constructing 
9 said Road ; and the Company shall also have power 

10 to condemn any appropriate laads in like manner, for 

11 the constructing and building of depots, shops, ware- 

12 houses buildings for servants, agents and persons em- 

13 ployed on the Road, not exceeding two acres in any 

14 one lot or station. 

Sec. XXIX. That in the absence of any contract or 

2 contracts with said Company, in relation to lands 

3 through which the said Road, or its branches may 

4 pass, signed by the owner thereof or by his agent, or 



16 

5 any claimant or person in possession thereof, which 
C may be confirmed by the owner thereof, it shall be 

7 presumed that the land upon which the said Road, or 

8 any of branches may be constructed, together with a 

9 space of one hundred feet on each side of the centre 

10 of the said Road, has been granted to the said Com- 

11 pany by the owner or owners thereof: and the said 

12 Company shall have good right and title thereto, and 

13 shall have, hold and enjoy the same as long as the 

14 same be used for the purposes of said Road, and no 

15 longer, unless the person or persons owning the said 

16 land at the time that part of the said Road which may 

17 be on the said land was finished, or those claiming 

18 under him, her cr them, shall apply for an assessment 

19 of the value of the said lands, as herein before direct- 

20 ed, within two years next after that part of said Road 

21 which may be on the said land was finished ; and in 

22 case the said owner or owners, or those claiming un- 

23 der him, her or them, shall not apply within two 

24 years next after the said part was finished, he, she or 

25 they shall be forever barred from recovering said land 

26 or having any assessment or compensation therefor : 

27 Provided, nothing herein contained shall effect the 

28 rights of/eme coverts or infants, until two years after 

29 the removal of their respective disabilities. 

Sec. XXX. That all lands not heretofore granted to 

2 any person, nor appropriated by law to the use of the 

3 State within one hundred fret of the centre of said 

4 Road,which maybe constructed by the said Company, 

5 shall vest in the Company as soon as the line of the 

6 Road is definitely laid out through it, and any grant 

7 to said land thereafter shall be void. 

Sec. XXXI. That if any person or persons shall in- 

2 trude upon the said Rail Road by any manner of use 

3 thereof; or of the rights and privileges connected 

4 therewith, without the permission, or contrary to the 

5 will of the said Company, he, she or they shall forthwith 



17 

6 forfeit to the said Company, all the vehicles that may 

7 be intruded on the said Road, and the same be re 

8 covered by suit at law ; and the person or persons so 

9 intruding, may also be indicted for misdemeanor, and 

10 upon conviction, fined and imprisoned by any Court of 

11 competent jurisdiction. 

Sec. XXX1J. That if any person shall wilfully and ma- 

2 liciously destroy, or in any manner hurt or damage, or 

3 obstruct, or shall wilfully and maliciously cause, or 

4 aid, or assist or counsel and advise any other person 

5 or persons to destroy, or in any manner to hurt, dam- 

6 age or destroy, injure or obstruct the said Rail Road, 

7 or any bridge or vehicle used for, or in the transporta- 

8 tion thereon, any water-tank, ware-house, or'any other 

9 property of said Company, such person or persons so 

10 offending, shall be liable to be indicted therefor ; and 

1 1 on conviction shall be imprisoned not more than six 

12 nor less than one month, and pay a fine not exceeding 

13 five hundred dollars, nor less than twenty dollars, at 

14 the discretion of the Court before which said convic- 

15 tion shall take place ; and shall be further liable to 

1 6 pay all the expenses of repairing the same, and it shall 

17 not be competent for any person so offending against 
IS the provisions of this clause, to defend himself by 

19 pleading or giving in evidence that he was the own- 

20 er, agent or servant of the owner of the land where 

21 such destruction hurt, damage, injury, or obstruction 

22 was done, at the time the same was done or caused 

23 to be done. 

Sec. XXXIU. That every obstruction to the safe and 

2 free passage of vehicles on the said Road or its bran- 

3 ches shall be deemed a public nuisance, and may be 

4 abated as such by any officer, agent or servant of said 

5 Company ; and the person causing such obstruction 

6 may be indicted and punished for erecting a public 

7 nuisance. 

3 



Seg. XXXIV. That the said Company shall have the 

2 right to take at the store-houses they may establish 

3 on, or annex to their Rail Road or the branches there- 

4 of, all goods, wares, merchandise and produce in- 

5 tended for transportation, prescribe the rules of prior- 
fi ity and charge and receive such just and reasonable 

7 compensation lor storage as they by rules may estab- 

8 lish (which they shall cause to be published) or as 
may be fixed by agreement with the owner which 

10 may be distinct from the rates of transportation : — 

1 1 Provided, That the said Company shall not charge 

12 or receive storage on goods, wares merchandise or 
J 3 produce which may be delivered to them at their reg- 

1 4 ular depositories for immediate transportation, and 

15 which the Company may have power to transport 
]G immediately. 

Sec. XXXV. That the profits of the Company or so 

2 much thereof as the General Board may deem advi- 

3 sable, shall, when the affairs of the Company will per- 
■\ mit, be semi-annually divided among the stockholders, 
5 in proportion to the stock each may own. 

Sec. XXXVI. That whenever it shall appear to the 

2 Board of Internal Improvement of this State, by a cer- 

3 tificate under the seal of said Company, signed by 

4 their Treasurer, and countersigned by their Presi- 

5 dent, that one third have been subscribed for and ta- 

6 ken, and that at least five hundred thousand dollars of 

7 said stock has been actually paid into the hands of said 

8 Treasurer of said Company, the said Board of Internal 

9 Improvement shall be and they are hereby authorized 

10 and required to subscribe on behalf of the State, for 

11 stock in said Company to the amount of two millions of 
19 dollars to the capital stock of said Company, and the 

13 subscription shall be paid in the following manner, said 

14 to-wit : the one -fourth part as soon as the said Com- 
15pany shall commence work, and one fourth thereof. 



If 

16 every six months thereafter, until the whole sub scrip- 

17 tion in behalf of the State shall be paid. Provided, 

18 the Treasurer and President of said Company shall, 

19 before they receive the aforesaid instalments, satis- 
30 factorily assure the said Board of Internal Improve- 

21 ments by the certificates under the seal of said Com- 

22 pany, that an equal proportion of the private subscrip- 

23 tion has been paid in equal proportion to the stock 

24 subscribed by the State. 

Sec. XXXVII. That if in case the present Legislature 

2 shall not provide the necessary and ample means to 

3 pay the aforesaid instalments on the stock subscribed 

4 for on behalf of the State, as provided for in the 36th 

5 section of this act ; then, and in that event, the Board 

6 of Internal Improvement aforesaid, shall, and they are 

7 hereby authorized and empowered to borrow, on the 

8 credit of the State, not exceeding two millions of dol- 

9 lars. 

Sec. XXXVIII. That if in case it shall become ne- 
5 cessary to borrow the money aforesaid, the Treasurer 

3 of the State shall issue the necessary certificates, 

4 binding and pledging the State for the payment of the 

5 said sum, which said certificates shall be under the 

6 control, and regulated by the said Board of Internal 

7 Improvement. 

Sec. XXXIX. That the State shall appoint the num- 
f J her of Directors in said Company in proportion to the 

3 stock subscribed, who shall be appointed by the Gov- 

4 ernor, by and with the advice and consent of his Coun- 

5 cil, and removed in like manner. 

Sec XL. That the following officers and servants and 

2 persons in the actual employment of the said Company 

3 be, and they are hereby exempted from the performance 

4 of Jury and ordinary Militia duty : The President and 



20 



5 Treasurer of the Board of Directors, and chief assis- 
tant Engineers, the Secretaries and Accountants of 

7 the Company, Keepers of the depositories, Guard sta- 

8 tioned on the Road to protect it from injury, and such 

9 persons as may be working the Locomotive engines 

10 and travelling with cars for the purpose of attending 

1 1 to the transporting of produce, goods and passengers 

12 on the Road. 



AMENDMENT 

PROPOSED BY MR. JOYNER 



Section I. Be it enacted. That for the purpose of put- 
Sting the Raleigh and Gaston Rail Road in good and 

3 complete order, for the profitable transportation of per- 

4 sons and produce, and for the further purpose of re* 

5 viving the late Raleigh and Gaston Rail Road Com' 

6 pany, 



7 and the late stockholders of, and obligors for, the 

8 Raleigh and Gaston Rail Road Company, or any part 
8 of them, and such other persons and corporations as 
10 may associate with them, are hereby created a body 

1 1 politic and corporate, by the name and style of the 

12 Raleigh and Gaston Rail Road Company, and by that 
18 name shall be able to sue and be sued, and shall have, 

14 possess, and enjoy all the rights, franchises, powers 

15 and privileges, vested in and granted to the Raleigh 

16 and Gaston Rail Road Company, by an Act entitled 

17 an "Act to incorporate the Raleigh and Gaston Rail 

18 Road Company," passed by the General Assembly of 

19 this State on the day of and shall be 

20 subject to all the restraints, limitations, restrictions 

21 and liabilities imposed by the said Act ; and all th > 

22 other provisions of the said Act, so far as the same re 

23 main to be executed, are hereby declared to be in full 

24 force and effect ; upon the following terms and condi- 
2o tions nevertheless. 



Sec. II. Br it enacted, That whenever the said per- 

2 ssons and their associates, named in the foregoing sec- 

3 tion, shall have subscribed the sum of rive hundred 

4 thousand dollars, for the purposes aforesaid, and shall 

5 have expended the same, in putting the Raleigh and 

6 Gaston Rail Roa*. in full and complete order, with 

7 heavy T rail iron, or other iron equally good.not weigh- 

8 ing less than fifty pounds to the yard, then one half of 

9 the said Rail Road, with all the machine shops. Depots. 

10 water stations, Engines, Coaches, Cars and every oth- 

1 1 er property appertaining to the said Rail Road, shall 

12 be sold, conveyed and transferred to the said subscrib- 

13 ers, their heirs and assigns, by the Governor, under the 

14 great seal of the State ; and the said late stockholders 

15 and obligors of the said Raleigh and Gaston Rail Road 

16 Company, shall be and are hereby declared to be for- 

17 ever released and discharged from all liability to the 
IS State, for and on account of the s.iid Raleigh and Gas- 

19 ton Rail Road Company upon the payment of costs in- 

20 curred. And the Governor is hereby authorized, and 

21 it is declared to be his duty to suspend the further 

22 prosecution of suits brought by the State, against the 
C3 said stockholders and obligors, until it can be ascer- 

24 tained whether the said subscribers are willing to ac- 

25 cept the conditions of this Act, and that they shall be 

26 allowed two years from the passing of this Act to 

27 make known their determination to the Governor. — 

28 And if the terms and conditions of this Act shall be 

29 accepted, and the work commenced within two years, 

30 and finished within three years from the ratification 

31 of this Act, then this Act shall continue and be in full 

32 force for ninety years and no longer. 

Sec. III. Be it further enacted. That if the conditions 

2 of this Act are accepted, and the sum of five hundred 

3 thousand dollars shall have been subscribed by sol* 

4 vent subscribers, to be judged of by the Governor and 

5 Attorney General, then, and in that case, the said sub 
S scribers jhall have lawful authority to mortgage one- 



7 half of the said Rail Road, to enable them to obtain the 

8 necessary credit to purchase a part of the iron which 

9 will be needed for said Road. 

Sec. IV. Be it enacted, That if the said subscribers 

2 shall refuse or neglect to accept the terms and eondi- 

3 tions of this Act, then all the benefits of the same shall 

4 be granted to Thomas F. Wyatt, John Campbell, 

5 Thomas P. Devereux, Andrew Joyner, Weldon N. 

6 Edwards, George D. Baskerville and Alexander Haw- 

7 kins, and such other persons as may associate with 

8 them, who shall accept and comply with all the terms 
D and conditions of the same, and they and their sue- 

JO cessors are hereby incorporated into a Company, 

11 by the name and style of the Raleigh and Gaston 

12 Rail Road Company, and by that name shall hare 

13 lawful authority to sue and be sued, to hold, possess 

14 and enjoy all the rights, franchises, powers and privi- 

15 leges granted by this Act, and shall be subject to all 

16 the restraints, limitations, restrictions and liabilities 
1? imposed by the same. 

Sec. V. Be U enacted, That whenever the Roanoke 

2 Rail Road Company, or the Seaboard and Roanoke 

3 Rail Road Company, with or without the aid of indi- 

4 viduals, shall subscribe to the Raleigh and Gaston 
o Rail Road Company, one-half of the sum necessary to 

6 construct a Rail Road from some convenient point on 

7 the Raleigh and Gaston Rail Road, near the Littleton 

8 Depot, or any point between that Depot and Roanoke 

9 River, and the Town of Weldon, or any point in the 

10 neighborhood thereof, so as to connect with the Wil» 

1 1 mington and Raleigh Rail Road, and the Seaboard and 

12 Roanoke Rail Road, and shall expend the said sum in 

13 forming the said connection, then the said Raleigh 

14 and Gaston Rail Road shall be extended to the said 

15 Town of Weldon or neighborhood thereof, end the 

16 Public Treasurer is hereby authorized and directed to 

17 subscribe for an equal sum, for and in behalf of the 



18 State, and pay for such subscription out of any money 

19 in the Treasury not otherwise appropriated ; and for 

20 the want of such money in the Treasury, the Public 

21 Treasurer is hereby authorized to borrow the sum at 

22 a rate of interest not exceeding six per cent, per an- 

23 num, and to issue bonds, payable at any time within 

24 ten years, for not less than five hundred dollars 

25 each. 



[SENATE DOCUMENT, NO. 15.] 



REPORT 

OF THE 

. SELECT COMMITTBB, 

On so much of the Governor's Message as re- 
lates to the Raleigh antl Gaston Bail Road. 



The Select Committee to whom was referred so 
much of the Governor's Message as relates to the 
Raleigh and Gaston Rail Road, have ascertained 
from the report of the Board of Commissioners ap- 
pointed to manage the said Road, that on the 1st 
of November last, there were due ts> sundry individ- 
uals, the sum of eighteen thousand four hun- 
dred and eighty nine dollars, over and above the 
means in the hands of the Treasurer to meet the 
same ; and that there will be due for repairs on an 
Engine now in Petersburg, when finished, about the 
sum of two thousand six hundred and fifty nine 
dollars, making altogether a debt of twenty one 
thousand one hundred and forty-eight dollars. The 
first class of claims is ascertained to be due for the 
purchase of Rail Road iron, railings,, sills, locomo- 
tive engines, negro hire &c. These items of ex- 
pense against the road, were not paid, because a 



part of the income of the road for the last two years 
was exhausted in certain expenses of an uulooked 
for and extraordinary character, which amounted to 
near the sum reported to be due and consist of the 
followiKg items : 

Loss occasioned by the accidental burn- 
ing of cotton at Franklinton, §3000 
Loss by the fire which destroyed the 
machine and blacksmith shop in Ral- 
eigh, over and above the sum of 25,000 
borrowed, 3791 
Purchase of a locomotive engine in Au- 
gust 1847, 7250 
Expenses on the bridge near Gaston oc- 
casioned by a severe storm, about 3250 
In a statement exhibiting the expenditure and re- 
ceipts of the road since it became the property of 
the State, there should be carried to the credit of the 
road the sum of seven thousand two hundred dol- 
lars, paid into the Public Treasury^ from the income 
of the road, which would leave an excess of expen- 
ditures over the receipts, of only thirteen thousand 
nine hundred and forty-eight dollars. The commit- 
tee regret that the income of the road should have 
fallen below its expenditures, and that there should 
be any deficiency to be supplied from the Public 
Treasurer. Yet they are assured and believe, that 
the ' deficiency would not have occurred but for un- 
forseen and uncertain contingencies, to which all the 
works of man are more or less liable. These ex- 
penses have been incurred for the preservation of the 
road now the property of the State. They have ad- 
ded to its value to the full extent of these expendi- 
tures. The Board of Commissioners for the man- 



agement of the road, declare in their report, that in 
every particular except the superstructure of the 
track, it is iu far better condition, than at any time 
heretofore, and that although a small debtjias been 
incurred, it has been created for objects beneficial to 
the road, and will diminish expenses for like pur- 
poses for a considerable time to come. Citizens 
confiding in the good faith of the State, which to its 
honor, has never been tarnished, have contributed 
their labor and furnished the necessary supplies for 
bettering the condition of the road, and making it 
more useful and valuable, and the Committee be- 
lieve that the honor and character of the State, and 
justice to her citizens, equally demand that prompt 
provision should be made to satisfy the claimants. 
To this end the Committee report the accompanying 
resolutions and commend them to the favorable con- 
sideration of the Senate. 

A. JOYNEK. Chirman. 



RESOLUTIONS 



Uesolced, That the Public Treasurer be, and 
he is hereby directed to pay the Commi-sion- 
ers appointed by law to manage the Raleigh and 
Gaston rail road, the sum of twenty one thousand 
one hundred and forty-eight dollars, to be applied 
under their authority to the payment of certain debts 
contracted on account of said rail road, and report- 
ed to be due by the President of the road, in his re- 
port to the said Board of Commissioners, dated 1st. 
November 1848 ; and for the repair on an engine 
now in Petersburg, whenever the said Board of 
Commissioners shall satisfy themselves that the said 
tlebts are justly due. And the said Board of Com- 
missioners are hereby directed to report to the next 
General Assembly the names of the persons to whom 
the said sum has been paid and the amount due to 
each. 

Resolved, That if the present condition of the 
Treasury does not enable the Public Treasurer to 
pay the sum before mentioned, he is hereby author- 
ised to borrow the same of either of the Banks of 
this State, at a rate of interest not exceeding six per 
cent per annum, which sum so borrowed, he is di- 
lreefced to repay whenever the state of the Public 
Treasury shall enable him to accomplish the same. 



(SENATE DOCUMENT, NO. 16.] 



REPORTS 



PROM THE 



COMMITTEE 



ON 



PRirai&B§ AND BIBCTIONS 



IN THE CASE OP THE 



CONTESTED ELECTION 



IN THE 



DISTRICT OF ORANGE. 



RALEIGH j 

SEATON GALES, PRINTER FOR THE STATE, 
1849, 



» 



REPORT 

Of part of the Committee on Privileges and 
Elections upon the Contested Election from 
the 31th Senatorial District. 



HUGH WADDELL, Esa., Contestant, 
JOHN BERRY, Esa. Sitting Member 1 * 






The undersigned report that a Copy marked A. is the 
only notice which was served on John Berry, Esq. by 
Hugh Waddell, of his intention to contest the seat of the 
said Berry in this Body, and this notice the undersigned 
deem to be insufficient, as it does not set forth with suf- 
ficient clearness and precision, the ground upon which 
the right of the said Berry is disputed. 

The undersigned find the following to be the facts. 

Number of votes given to each Candidate, according 
to the Poll lists. 

For John Berry, 754 vote*. 

For Hugh Waddell, 747 vote«. 

Difference, 7 



Illegal votes received for John Berry, as 
found and decided by the Committee, (See 
exhibit B.) 10 

Illegal votes given for Hugh Waddell, deci- 
ded by Committee, (See exhibit C.) 8 

Legal votes offered for John Berry, and re- 
fused. (See exhibit D.) 4 

Legal votes offered for Hugh Waddell and 

refused. (See exhibit E) 2 

Votes of bargainors, in Deeds of Trust, for 

John Berry. (See exhibit F.) 8 

Ditto, cestuis que Trust, 2 

Ditto offered and refused for Berry, 2 

Bargainors offered and refused for Berry, 1 

Votes of Bargainors, in Deeds of Trust, for 

Hugh Waddell, (See exhibit G.) 4 

Votes of cestuis que Trusts for Waddell, 5 

Votes of Bargainors in Deeds of Trust of- 
fered for Hugh Waddell and refused. I 

Trustees without any interest for Berry. 

(See exhibit H.) 2 

Ditto, ditto for Waddell, I 

The undersigned find the foregoing facts produce the 
following results. See page 5th. 






Number of Votes returned to Sheriff for Berry, 754 

Deduct illegal votes received by Berry, 10 

744 
Add legal votes offered for Berry and refused, 4 

748 
In the above, Bargainors in Deeds of Trust, Trustees and 
The undersigned think that Bargainors and Cestuis que Tru 
their cases must be governed by the same rules. 

Berry as above, 748 
Suppose Trustees alone can vote. 
Deduct Bargainors who voted for Berry, 8 

Deduct Cestuis que Trust, 2 10 

738 
Suppose Cestuis que Trusts 
Berry as above, 748 
Deduct Bargainors who voted for Berry, 8 

Deduct Trustees " " " 2 10 

738 
Add Cestuis que Trust offered and refused) 2 

740 
Suppose Bargainors aloi 
Berry as above, 748 
Deduct Cestuis que Trust who voted for Berry, 2 
Deduct Trustees who voted for Berry, 2 4 J 

744 

Add Bargainors offered and refused, 1 

745 

If Bargainors and Cestuis que Trusts ar< 
Berry as above, 748 
Deduct Trustees who voted for Berry, 2 ] 

746 
Add Bargainors and Cestui que Trusts who offered j 

to vote for Berry and were refused, 3 

749 

If neither Bargainor, Cestui que Trust r 

Then Berry as above, 748 

Deduct Bargainors who voted for Berry, 8 1 

Deduct Trustees " " " 2 1 

Deduct Cestuis que Trust " " 2 12 I 

Berry, 736 



G 

imber of votes returned to Sheriff for Waddell. 747 

duct illegal votes received by Waddell, g 

739 
Id legal votes offered for Waddell and refused, 2 

741 

stuis que Trust, are included ; but all cannot vote. 

having equitable estates, stand upon the same footing, aad 

Waddell as above, 741 
Suppose Trustees alone can vote, 
luct Bargainors who voted for Waddell, 4 

luct Cestuis que Trust, 5 9 



732 
le can vote* 

Waddell as above, 741 
luct Bargainors who voted for Waddell, 4 

luct Trustees " " " 1 5 

736 



an vote. 

Waddell as above. 741 
uct Cestuis que Trust who voted for Waddell, 5 
uct Trustees who voted for Waddell, 1 8 



735 
Bargainors offered and refused, 1 



toKi 



ke entitled to vote. 

Waddell as above, 741 
uct Trustees who voted for Waddell, 1 

740 
Bargainors and Cestui que Trusts who offered to 
>te for Waddell and were refused, 1 

741 

rrustee, be entitled to vote. 

Then Waddell as above, 741 
act Bargainors who voted for Waddell, 4 

ict Cestuis que Trust " " 5 

act Trustees " " 1 10 

Waddell, 731 



7 

The above result is produced, by regarding the rots* 
precisely as they were regarded by a majority of th« 
Committee. But the undersigned would call the atten- 
tion of the Senate to the cases of 

Thomas Griffin Jr., Henry Stoveal!, Edward W. Fau- 
cett, Matthew Cooper, and Iluffin Tapp, all of whom, were 
proved to have voted for Hugh Waddell, but no action 
was taken, by the Committee, upon the legality of their 
votes. The undersigned protest against the legality of 
their votes, and refer the Senate in the case of 
Thomas Griffin, Jr. — To Berry's testimony, 

John Andrews, Wm. McCauley, 8th 
1 7th, B. Robt. Cheek, 1 7, B. Lindsay 
Andrews, 37, B. James Bishop 37, W. 
Craw. McCauley, 37, W. 
Ruffin T\re — 

30 B.— Richard Tapp. J. C. Turreu- 
tine 37, B. F. Walker 19, B. S. Riley 
47, W. Richard Tapp 47, W. 

Henrtt Stoveall — 

Caleb Wilson 7, B. Jos. Allison 28-SJ9, 
B. J. C. Turrentine 37, B. Execu- 
tions v. Stoveall. 

Edward W. Faucett — 

Samuel Tate 18, B. J. Mc Adams 40 
B. H. Atkins 42-43, B. 
Matthew Cooper — 

J. C. Cheek 25, B. F. Walker and K. 

Benson's Report and Plats. Daniel 

Foust 35 W. 

The undersigned further report that, Emsley Elliott, 

Lewis Edwards, John Smith and David Cheek, were 

proved to have voted for Hugh Waddell, and to be cc*- 

tuis que Trust, and they refer the Senate in the case of 

E.M5LET Elliott — To Berry's Testimony. 
Wm. A. Carrigan 13, B. 






8 

Lewis Edwards — 

Jesse Parker 35, B. W. J . Robarda 
36, B. II. Parker 42, B. 

Daviu Cheek — 

L. Hutchins 22-3, B. W. J. Duke 23, 

B. Deed of Trust J. Cheek to A. Cheek. 

Dower to Jincey Cheek. 
John Smith — 

J. Nevvlon 48, B. Kic. Nichols 4S- 

50, B. 

Should the foregoing votes, which have been protested 
against by the undersigned as illegal, be rejected by the 
Senate, John Berry will be entitled to his seat, by five 
more votes than this Report heretofore discloses ; and 
should the above four be properly classed among the 
cestuis (jug Trust, it will affect Mr. Waddell, according 
as their votes are received or rejected. In either event, 
we are clearly of opinion, that John Berry, the sitting 
member, was duly elected and is entitled to the seat. 

But John Berry, Esq., claims to have been properly 
elected under the Aiigilst Election, and insists to hold his 
seat by virtue of his Election, and he has presented be- 
fore the Committee, the Poll Lists of that Election, cer- 
tified by the Sheriff ot Orange, as also he has proved his 
demand upon the Sheriff, for his certificate under said 
Election. 

The undersigned have examined the Poll Lists, and 
find that, upon an addition of all the Precincts, except a 
Precinct at John K. Holts, 

Waddell received 703 votes, 

Berry received 737 votes. 

The certificate from said Precinct, over the signature 
of the Inspectors, gave to Mr. Waddell forty-eight votes, 
and to Mr. Berry fourteen ; which being added, respec- 
tively, would give them 751 votes each. But accompany- 
ing the certificate and a part of the record, is the list of 



I 



voters, kept at said Precinct, as also a list of the tallie.% 
kept by the Inspectors. 

By the list of voters there appears to have been 57 
Senate votes cast. The tallies, kept upon the same 
Books with the certificate, show that Mr. Waddell 
received 43 votes instead of 48 votes, and Mr. Berry 
14, thereby leaving Mr. Berry a clear majority of 
five, and thereby corresponding exactly with the list of 
voters. The mistake of the Inspectors in a part of their 
certificate is corrected in another part, and the under- 
signed hold that it was the duty of the Sheriff to have 
called the Inspectors together, that they might have made 
a "correct statement," and upon such correct, statement 
being made, he should have given the return to the can- 
didate having the majority of votes. The undersigned are 
clearly of opinion that an error clear and apparent ought 
not to effect an election ; but that such error, ought to 
be corrected, and that the Inspectors and Sheriff have an 
undoubted authci ity to do so. Upon such correction, Mr. 
Berry was duly elected and ought to have been returned. 
Nor is the validity of that Election at all affected by the 
subsequent events. The giving the certificate to another 
(after the discovery of the error as was the case here) or 
before, and his resignation thereafter, had no effect what- 
ever, upon the validity of the election, nor controlled in 
the slightest degree the rights of the candidate having 
the largest number of votes, by the correct statement, 
and properly entited to the return. The undesigned are 
of opinion that the Sheriff of Orange should not have 
given the return to Mr. Waddell after he discovered the 
error, and they hold that whether the Sheriff or the In- 
spectors had the right to correct the error appearing 
upon the certificates of the Inspectors from the precinct 
above mentioned, or not, the Senate had an unquestion- 
able right to do so, and the Senate is not to be deprived 
of such right by the resignation of the person to whom 
the Sheriff improperly gave the return. Had that return 
been corrected, Mr. Waddell would have received but 



10 

146 votes in that election, while Mr. B-*ny received 751, 
But it appears from the evidence of James CTurrerUine, 
the Sheriff* of Orange, that from a precinct called the 
Burnt Shop precinct, at the August Election, a statement 
of the number of votes given for each candidate was 
certified, sealed, directed and handed to the Sheriff at 
the Court House of the County of Orange, on the next 
day and within the time prescribed by law; but no list of 
the names of the persons voting at said precinct w**s 
handed to the Sheriff until several days thereafter. 

The certificate from the said precinct establishes that 
Hu^h Waddell, received at that precinct 71 voles, and 
John Berry 43. If this precinct were stricken out, the 
general vote would stand for Hugh Waddell 675, in the 
August Election, and for John Berry 70S- The undersign- 
ed submit to the Senate that the return to the Sheriff 
made from this precinct, was not made in conformity with 
the provisions of the law, and was wholly illegal; that 
law is imperative that " the names of the persons voting 
shall be returned," at the same time and place, and to the 
same person, with the " statement of the number given 
for each candidate." Jf the Sheriff had disregarded this 
preeinct, the majority for Berry would have amounted to 
thirtv three. Jf the Sheriff and Inspectors had not the 
right to correct the mistake in the certificate above re- 
ferred to. then he had no right to receive this list of vo« 
ters out of the legal time, nor had the Inspectors a right 
so to return it ; and in either case he should not have giv- 
en the return to Mr. Waddell. 

The undersigned are of opinion that the Office vested in 
John Berry, by virtue of that election, and that he has in 
no wise waived, forfeited, or lost it. 

GEO. BOWER, Chairman. 

W. S. ASHE. 

GEO. W. THOMPSON. 

HENRY. W. CONNER. 



11 

EXHIBIT B. 

Illegal Votes for Berry, 

1. Ezekial Sartin, 

2. Clayton Jones, 

3. Jacob Horner, 

4. Loftin Tier, 

5. John Tier, 

6. Moulton Cheek, 

7. John Riley, Sr. 

8. William Thompson, 

9. John R. Thompson, 

1. Nathan Carlton, evidence reported, 

EXHIBIT C. 
Illegal Votes given for Waddell 

1. William Coble, 

2. Ludwick Albright, 

3. Hinton Kirkpatrick, 

4. James Glass 

5. William Wilkins, 

6. Charles Cox, 

7. Sampson Morgan, 

8. William Strain, 

EXHIBIT D. 
Legal Votes offered for John Berry, 

1. Elijah Vesey, 

2. James Warren, 

3. Herod Noah, 

4. John S. Faucett, 

EXHIBIT E. 
Legal Votes offered for Hugh Waddell, 

1. Eli Albright, 

2. Norwood Warren, 

EXHIBIT F.{ 
Bargainors voting for Berry, 

1. William Minnis, 

2. John D. Gray, 

3. Len. Pickett, 

4. Julias S. Bracken, 

2 



1* 



s. 


Spencer Truitt, 


6- 


David Barbour, 


7. 


Madison Murry, 


8. 


Brittain Castleberry. 




Cesluis que Trusts voting for Berry. 


1. 


Irving King, 


2. 


John White, 




Cestuis que Trusts refused for Berry. 


1. 


K. B. Waitt, 


2. 


Edward Palmer, 


3. 


John McCarroll. 




EXHIBIT G. 




Bargainors voting for WaddelL 


1. 


James Brinkley, 


2. 


James Crabtree, 


3. 


Farthing Garrard, 


4. 


John T. Garrard, 




Cesluis que Trusts voting for WaddelL 


1. 


Samuel IS. Clayton, 


2. 


James Griffin, 


3. 


Judson Riley, 


4. 


Warden Riley, 


5. 


Samuel Hodge, 




Bargainors offered and refused. 


1. 


Geo. W. Cheek, 




EXHIBIT H. 




Trustees who voted for Berry. 


1. 


Charles M. Latimer, 


2. 


John D. Carlton, 




Trustees who voted for WaddelL 


1. 


Buroughs Cheek, 



RESOLUTIONS. 



Resolved, Therefore, that John Berry was duly elect- 
ed to a seat in this Senate, under the Election in August 
last. 

Resolved, That John Berry is entitled to his seat under 
that election. 

Resolved, That John Berry was duly elected at the 
election in November. 

Resolved, That John Berry is entitled to his seat by 
virtue of that election. 

Resolved, That Hugh Waddell is not entitled to the 
seat. 



K E PORT 

Of a pari of the Committee on Privileges and 
Elections upon the Contested Election from 
the County of Orange, the 37th Senatorial 
District, made in conformity to the Resolu- 
tions of the Senate, authorizing them in 
case of a disagreement in the said Commit- 
tee to report the fads. 

HUGH WADDELL, Esa., Contestant, 
JOHN BERRY, Esq. Sitting Member. 



It appears that a notice was duly furnished b\ the said 
Hugh Waddell of his intention to contest his right to a 
seat in the present Senate, as a member from said Dis- 
trict, and duly filed his petition, which, see. 

That part of the Committee making this report, find 
the following facts, to-wit : 

Number of votes given to each Candidate according to 
the Poll Lists or Books, to-wit : 

For John Berry, 754 vote?, 

For Hugh Waddell, 747 vote*. 

Difference 7 



16 

Illegal votes received for JohnUerry, (Sfre^ex- 
hibit J.) 18 

Illegal votes received for Hugh Waddell. (.See 

exhibit D.) 7 

Legal votes offered lor John Berry and refused, 

(See exhibit D.) 3 

Bargainors in dsteds^ef triist, Bto., given for John 

Beny. (Sec exhibit A.) S 

Ditto, cestttis que trust. (See exhibit A.) 3—11 

Ditto* offered and refused. (See exhibit F.) 3 

Bargainors in deeds of trust, &c, given for Wad- 
doll. (See exhibit E.) 4 
Ditto offered for Waddell and refused. (See ex- 
hibit G.) I 
Trustees without any beneficial interest who voted 

for John Berry. See exhibit B.) 2 

Ditto for Waddell. (See exhibit E.) 1 

They find that the foregoing facts, produce the follow- 
ing results. (See page. 17) 



17 

Number of votes returned to Sheriff for Waddell, 747 

Deduct illegal Totes received for Waddell, 7 

740 
Add legal votes offered and refused for Waddell, 2 

742 

In the above, is included Bargainors, Trustees and Cestu 
class of these persons can vote. Suppose Trustees alone c: 

Waddell as above, ~4i 
Deduct Bargainors who voted for Waddell, 4 

Deduct Cestuis que Trust who voted for do. 

Waddell, 73! 

Suppose, on the other hand, that Bargainors on 

Waddell as above, 74' 
Deduct Trustees who voted for Waddell, 1 

Deduct Cestuis que Trust who voted for do. 

74 
Add Bargainors offered and refused for Waddell, 

Waddell, 74 

But suppose that neither Trustees, Bargainors and 

Waddell as above, 74: 
Deduct Bargainors who voted for Waddell as above, 4 
Deduct Trustees 
Deduct Cestuis que Trust " " " 

Waddell, 73 



18 

nber of votes returned to Sheritf for Berry, 75 ? 

uct illegal votes received for Berry, 16 

738 
[ legal votes offered and refused for Berry, 3 

741 

'rust, (in deeds of trust) — they cannot all vote— .but one 
! ; then the result is as follows : 

Berry as above, 741 
uct Bargainors who voted for Berry, S 

uct Cestuis que Trust who voted for do. 3 II I 

Berry, 730 

vote ; then the result is as follows : 

Berry as above, 741 
act Trustees who voted for Berry, 2 

uct Cestuis que Trust who voted for Berry, 3 5 

736 
Bargainors who offered and refused for Berry, 3 

Berry, 739 

s que Trust can vote : then the result is as follows : 

Berry as above, 741 
uct Bargainors who voted for Berry as above, 8 
uct Trustees " " " " 2 

act Cestuis que Trust " " " 3 13 

Berry, 723 



Hi 

The foregoing results are produced by placing the 
voters in the position agreed on by a majority of the 
Committee, which will appear by the journal of the same, 
except the voters hereafter mentioned. In some, cases 
there were dissents by members of the Committee entered 
on the journal — in other cases there were dissents which 
were not entered, or requested to be entered. 

Since the Journal of the Committee was made up, we 
have been favored with a review of the whole testimony, 
and after carefully examining the same, have come to the 
results herein before stated. 

The following are the voters, in relation to whom there 
is a difference with the Committee, to wit : William 
McAdams, W. A. Lindsay, John McCauly, Alfred Wyatt, 
Nathan Carlton, Anderson Smith, Daniel Thomas, Eli- 
jah Vesey and Jeremiah Hughes. 

The testimony, as to each of the said voters, about 
which we have disagreed, fully sustains, as we conceive, 
the conclusions to which we have come, and to which we 
confidently refer as follows, to-wit : 
Will. MeAdams — 

See Waddell's testimony, James Mc« 
Adams, page 43, and James Albright. 
53rd page. 
W. A. Lindsay, 

II. Thompson 20, W. 11. White 20 W. 
Thomas Faucctt 40, W. S. 11. Tur- 
rentine 23-24, W.; and W. A. Lindsay 
35. Berry's testimony, and Edward's 
testimony 26, W. 
John McCauley — 

Bennett Hazel 13, W. H. C. Hurdle 
7W. JcreHad 14-15, W. Andrew 
Murry 17. W. J. King 23-24. Ber- 
ry's testimony. 
Alfred Wyatt— 

Coo. Hurdle 54 W. Ed. Benson 53 s 
W: William Ward 30, W. 



99 

Anderson Smith- 
John Wilson 8, W. H, Terry 6, W .— 
Nelson P. Hani 7-8, W. S. Pillow 8, 
W. Will. H. Harner 9-10, B 

Nathan Carlton— 

E. George and J. Marker 46, \V. M. 
C. Herndon 51, W. 

Daniel Thomas — 

E. Mitchell 34, W. Col. W. A. Carri- 
gan 36, W r . 

Elijah Vesey — 

H. Parker 37, IV. Deed from William 
Duke to Elijah Vesey, Ezekial Vesey's 
Will. Elizabeth Yesey 39. Berry's 
testimoin. 

Jeremiah Hughes — 

John Bain 2 and 39, W. Pally Shank- 
lin 39-40. W. Jere. Hughs 2, B. Jon. 
Shanklin 3, B. 

JOHN A. GILMER, 
For four of the Committee. 

As one of the Committee, I protest against the vote of 
William J. Pettigrevv, whose vote is allowed as legal for 
John Berry. The testimony, as I conceive, shows con- 
clusively that this vote was fraudulent and illegal. I re- 
fer the Senate to the same. See Wm. Ward 30, W. — 
P. P. Moore 30, W. T. Pettigrew 46 and 50, B. John 
Allison 46, B. John M. Pettigrew 51, B. Should this 
vote he rejected, as I conceive it should, it will show that 
Hugh Waddell is elected by one vote more than is herein 
before stated. 

JOHN A. GILMER. 

A question arises as to the regularity of the return 
from C. F. Faucett's precinct. One of the Inspectors pro- 
testing against the return as to 7 votes. 



*1 

I further think that the vote of Houghabount, son-in- 
law of Mr. Berry, to Mr. Berry, is fraudulent — the rela- 
tion of the parties — the date of the deed, six months be- 
fore the August Election, for 50 acres only, circumstan- 
tially prove it: 

J; A. GILMER. 









: 






<H .- 



• 



.* 



EXHIBIT A. 
Voters for Capt. John Berry, who had conveyed 
all their land in trust to secure their debts, and such oth- 
er voters, being ccstuis que trust, having the same inter- 
est in land. 

Bargainors who have conveyed lands in trust for debts, 
they in possession and trusts not executed. 

1. William Minnis, 

2. John D. Gray, 

3. Lemuel Picket, 

4. Julius S. Bracken, 

5. Spencer Truitt, 

6. David Barber, 

7. Madison Murry, 

8. Brittain Castlebury, 

9. Irwin King, ) Venders with title bonds 
10. John White, ) purchase money paid. 
11 Wm. Mc Adams, conveyed his land ab- 
solutely — agreed by parol that he might redeem — said 
he and his boys had paid back the purchase money. No 
reconveyance, but deed handed back. 

EXHIBIT B. 

Trusties without beneficial interest who voted for Berry. 

1. Charles M. Latimer, 

2. John Carlton, 

■ ■ ■■ . 

EXHIBIT C. 
Illegal votes for Berry and legal votes for Waddell re- 
fused. 

Illegal votes for Berry, 

1. Ezekial Sartan, 

2. Clayton Jones, 

3. Jacob Horner, 

4. Loftin Tier. 

5. *W. A. Lindsey, 
ft. John Rilry, Sr. 

7. # John McAuly, will of aunt not proved 

8. Moulton Cheek, . 

9. Wra. Thompson. 



S3 

10. Alfred Wiatt. insolvent by Geo, Hurdle 
and E Benson, contra Wm. Ward. 

11. John It. Thompson, 

12. Nathan Carlton, 

13. John Tier, 

14. Anderson Smith, 

15. Daniel Thomas, 

16. Jeremiah Hughs. 

Legal votes for Waddell refused. 

1. Norwood Warren. 

2. Eli Albright. 

EXHIBIT D. 
Illegal votes for Waddell. 

1. Wm. Strain, 

2. Wm. Coble, 

3. Ludwick Albright, 

4. Hinton Kiikpatrick, 

5. Wm. Wiikins, 

6. Charles Cox, 

7. Matthew Cooper, 
Legal votes for Berry refused. 

1. Jas. Warren, 

2. Herod Noah, 

3. John S. Faucett, 

EXHIBIT E. 
Cestuis que trusts cnkn voted for Waddell. 

1. Jas. Brinklpy, bargainor, 

2. Jas. Griffith, cestui que trust, 

3. Farthing Garrod, i * 

4. John Garrod, \ rrust °ra, 
Trustees who voted for Waddell 

1. Burrows Cheek, 

EHHIBIT F. 
Equitable owners of land vjko offered to vote for Berry 
and were refused. 

1. Kendall B. Wait, Title bond, purchats paid. 

2. Edw. Palmer, 

3. John McCarrolf, 



34 

Trustees who offered to vote for Berry and were re- 
fused. 

EXHIBIT G. 
Bargainor in a deed of trust who offered to vote for 
Hugh Waddelly but was refused. 

1. George W. Cheek. 



■ 



PROCEEDINGS 



OF THE 



Committee on Elections, 

Of the Senate of North Carolina. 



December 29th, 184S. 

The Committee met. Present — Messrs. Ashe, Bower, Con 
ner, Gilmer, Thompson, of Wake, and Worth. 

On motion, Mr. Bower was called to the Chair. 

The Committee proceeded to the consideration of the Petition 
of Hugh Waddell, Esq., to them referred, complaining of the iU 
legal election of John Berry, as Senator from the 37th Senatori- 
al District, composed of the County of Orange — to the present 
General Assembly. 

On motion, it was agreed, that the voters of the August elec= 
tion, held in the County of Orange, regularly certified by the 
Sheriff of said County, be received in evidence. 

On motion, it was agreed, that both the Sitting Member, and 
the Contestant, be allowed to appear before the Committoe, by 
Attorney, or in person. 

DEPOSITION 1st. 

Eiekiel Sartin was proven to have voted for John Berry, under 
Bond to make Title the conditions of the Bond being unfulfilled, 

Besolved, therefore, by the Committee, that the vote of Ezc* 
kiel Sartin is illegal. Ashe dissenting. 
DEPOSITION 2nd 

Resolved by the Committee, that the vote of James Clark is 
legal. 



*e 



DEPOSITION 3 BD . 
Jeremiah Hughes, postponed. 



Satuhda*, December 30. 

The Committee met, present Messrs. Bower, Chairman, Ashe, 
Conner, Gilmer, Thompson, of Wake, and Worth. 

Mr. W. N. II. Smith appeared and took his seat, having been 
appointed vice Mr. Lillington, excused from further service on 
this Committee. 

Owing to the lateness of the hour, the Committee, on mo- 
tion, adjourned until Monday evening next, 3 o'clock, P. M. 



Monday, January 1, 1849. 

The Committee met pursuant to adjournment, present Messrs. 
Bower, Chairman, Ashe, Conner, Gilmer, W. N. H. Smith, Hal- 
sey, and Thompson, of Wake. 

Resolved, on investigation of the Testimony, that the vote of 
Samuel Madden is legal. 

Resolved that the vote of Clayton Jones, who voted for John 
Berry, is illegal. 

It is agreed, by the Committee, that William Minnis, John D. 
Gray, Lemuel Pickett, Julius S. Bracken, Spencer Truitt, Da- 
vid Barbour, Madison Murray ,'and Britain Castleberry, voted for 
John Berry, having conveyed their lands in trust, to secure their 
debts, that there had been no execution of the Trusts, and they 
had always remained in possession ; that Charles M. Latimer 
and John Carlton, being Trustees, voted for John Berry on the 
lands conveyed to them in trust ; and that George W. Cheek of. 
fered to vote for Hugh Waddel!, but was refused permission to 
do so, on the ground that he had conveyed his lands in Trust. 

It is agreed that Norwood Warren, offered to vole for Hugh 
Waddell, that he owned one hundred and seventy acres of land 
six months before the Election, but in September conveyed a. 
way one hundred and forty-seven acres, and received in payment 
on the same day, a Deed for one hundred and thirty acres, and 
that his vote was legal. 

It is agreed that William H. Homer, who voted for John Ber- 
ry, was entitled to vote. 

Resolved, that the vote of Jacob Horner, who voted for John 
Berry, was not legal. Ashe and Bower dissenting. 



27 

The case of Anderson Smith, who voted for John Berry, was 
passed over for the present. Afterwards taken up, and resolved 
to be illegal. 

On motion, the Committee then adjourned, until to-morrow 3 
o'clock, P. M. 



Tuesday, January 2, 1849. 

The Committee met pursuant to adjournment, present Messrs. 
Bower, Chairman, Ashe, Conner, Gilmer, Halsey, W. N. H. 
Smith, and Thompson, of Wake, 

The Committee then proceeded to investigate the case of Lof- 
tin Tier, who voted for John Berry, and it was resolved by a ma. 
jority of the Committee, that his vote was illegal, but it is agreed 
that the Evidence in the case shall be reported. 

In the case of John Tier, who voted for John Berry, it is a- 
greed that the legality of the vote depends on the construction 
of the Deed of Luke Tier, to John Tier. 

Resolved by the Committee, that the votes of John Paisley 
and Joseph Paisley, who voted for John Beiry, are legal. 

Resolved, that the vote of John McCauley, who voted for Jno* 
Berry, is legal* 

It is agreed that Irving King voted for John Berry, on a bond 
to make Title, the purchase money having been paid, and he in 
possession more than six months before the election. 

The same state of facts is agieed upon in the case of John 
White, who voted for John Berry. 

Resolved, that the vote of Moulton Cheek, who voted for Jno. 
Berry, is illegal. 

The case of Joseph Thompson, son of Stephen, is passed over 
for the present. 

Resolved, that the vote of Wm. Alvis Lindsay, who voted for 
Jno. Berry, is legal. Messrs. Gilmer, Halsey and Smith dis- 
senting. It is agreed that the facts in this case shall be re- 
ported. 

The vote of John Riley, who voted for John Berry, is resolved 
to be illegal. 

On motion, the Committee then adjourned until to.morrow , 3 
o'clock, P. M. 



28 

Wednesday, January 3d, 1849. 

The Committee met, pursuant to adjournment, present MessrB. 
Bower, Chairman, Ashe, Conner, Gilmer, Halsey, Smith, Thomp- 
son, of Wake, and Worth. 

It is Resolved by a majority of the Committee, that the vote 
of William Thompson, who voted for John Berry, is illegal ; but 
it is agreed that the evidence in the case shall be reported. 

Resolved, that the vote of Patterson Thompson, who voted 
for John Berry, is legal. 

Resolved, that the vote of Hawkins Stroud, who voted for 
John Berry, is legal. 

Resolved, That the vote of William J. Pettigrew, who voted 
for John Berry, is legal. Mr. Gilmer dissenting. It is agreed 
that the evidence in this case shall be reported. 

Resolved, that the vote of James Kimbrough, who voted for 
John Berry, is legal. 

Resolved, that the vote of Alfred Wiatt, who voted for John 
Berry, is legal. Mr. Gilmer dissenting. 

Resolved, that the vote of John R. Thompson, who voted for 
John Berry, was illegal. 

Resolved, that the vote of Daniel Thomas, who voted for John 
Berry, was illegal. Reconsidered, and resolved to be legal. 

Resolved, that Eli Albright offered a legal vote vota for 
Hugh Waddell, but was refused permission to do so. 

The cases of Matthew Cooper, Jacob Haughawaut and Wm. 
McAdams, are passed over for the present. 

The Committee, on motion, then adjourned until to-morrow, 

3 o'clock, P. M. 

— 

Thursday, January 4th, 1849. 

The Committee met, pursuant to adjournment, all the members 
being present. 

Resolved, that the vote of Jacob Haughawaut, who voted for 
John Berry, is legal. 

It is agreed, that the evidence respecting the vote of Matthew 
Cooper, who voted for Hugh Waddell, be reported. 

Resolved, that the vote of William McAdams, who voted for 
John Berry, was legal. 

Resolved, That the vote of Henry Richards, who voted for 
John Berry, was legal 



29 

Resolved, that the Evidence re?pecfir;g 4 the vote of Nathaniel 
Carleton, who voted for John Kerry, be reported. 

Resolved, that the vote of Elijah Vesey, wno offered to vote 
for John Berry but was refused permission to do so, was legal. 

The case tit Thomas Griffin, jr., was then taken up, but before 
the Committee came to any final determination, on motion, it 
adjourned until to-morrow, o o'clock, P. M. 



Friday, January 5th, 1849i 

The Committee met, pursuant to adjournment, all the mem. 
bers being present. 

Resolved, that Burrows Cheek, who voted for Hugh Waddell, 
voted as a Trustee, having no other qualification. 

Resolved, that the vote of Alvis Crawford, who voted for 
Hugh Waddelf, was legal. 

Resolved, that the vote of William Strain, was illegal, and 
that the evidence be reported. 

Resolved, that the vote of M. C. Ilerndon, who voted for Hugh 
Waddell, was legal. 

Resolved, that the vote of Ruffin Tapp, who voted for Hugh 
Waddell, was legal. It is agreed that the evidence in this case 
shall be reported. 

Resolved, that Kendall B. Wait offered to vote for John Ber- 
ry, on a Bond to make Title, the conditions of which had been 
performed, but was refused permission to do so. 

Resolved, that the vote of John King, who voted for Hugh 
Waddell, was legal. 

Resolved, that the vote of James Warren, which was offered 
for John Berry, a«d refused, was legal. 

Resolved, that the facts relative to the vote of Henry Stove, 
all, who voted for Hugh Waddell, be reported. 

On motion, the Committee adjourned until to-morrow after- 
noon, 3 o'clock. 



Saturday, January 6th, 1849. 
The Committee met, pursuant to adjournment, all the mem- 
bers being present. 

Resolved, that the vote of John Dixon, who voted for Hugh 
Waddell, was legal. 

Resolved, that the vote of William Coble, who voted for Hugh 
Waddell, was not legal. 
4 



30 

Resolved, that the vote of Ludwick Albright, who voted for 
Hugh Waddell, was illegal. 

Resolved, that the vote of Eimslcy Elliott, who voted for 
Hugh Waddell, was legal. Mr. Ashe declaring that the voter had 
a right to vote on an Equitable right. Evidence to be reported. 

Resolved, that Herod Noah and John S. Fa ucctt, offered to vote 
legal votes for John Berry, which were refused by the Poll-hold. 
era. 

Resolved, by a majority of the Committee, that Samuel Clay- 
ton, who voted for Hugh Waddell, is a cestui que trust — Messrs. 
Gilmer, Halsey and Worth dissenting, and affirming that he vo- 
ted in his own right. 

Resolved, that the Evidence respecting the vote of Edward W. 
Faucett, who voted for Hugh Waddell, be reported. 

Resolved, that James Adams' vote, who voted for Hugh Wad- 
dell, was legal. 

Resolved, that the vote of Hinton Kirkpatrick, who voted for 
Hugh Waddell, was illegal. 

On motion, the Committee then adjourned until Monday next 
3 o'clock, P. M. 



Monday, January 8th, 1849. 

The Committee met, pursuant to adjournment, all the mem- 
bers being present except Mr. Thompson, of Wake. 

Resolved, that the votes of James Roach and Vincent Cats, 
who voted for Hugh Waddell, were legal. 

Resolved, that the votes of John Cabe and George McCauley, 
who Yoted for Hugh Waddell, were legal — Messrs. Ashe and 
Bower dissenting. It ia further Resolved, that the Evidence 
respecting their votes, be reported. 

Resolved, that the vote of James Glass, who voted for Hugh 
Waddell, was illegal ; also, William Wilkins, who voted for 
Hugh Waddell. 

Resolved, that theEvidence respecting the vole of David Cheek, 
who voted for Hugh Waddell, be reported. 

Resolved, that James Brinkley, who voted for Hugh Waddell, 
was a Trustor. 

Resolved, that James Griffin, who voted for Hugh Waddell, 
was a cestui que trust. 

Resolved, that the vote of William M. CrutchSeld, who voted 
for Hugh Waddell, was legal, and that the evidence be reported- 



u l 

Resolved tint the rote of John Garrison, who voted for John 
.Berry, was legal. 

Resolved, that Edward Palmer, being a cestui que trust offer- 
ed to vole for John Berry, and was refused permission to ilo so. 

On motion, the Committee then adjourned until 3 o'clock to- 
morrow afternoon. 



Tuesday, January 9, 1849. 

The Committee met pursuant to adjournment, all the mem- 
bers being present. 

Resolved, that the votes of Chas. Cox and Samson Morgan 
who voted for Hugh Waddell, are illegal. 

Resolved, by a majority of the Committee, that the vote of Josh 
ua Dickson, who voted for Hugh Waddell, is legal and that the 
Lridenee be repor'.ed. 

Resolved, that James Crabtree, who voted for Hu^h Waddell 
is a Trustor. 

The Committee disagreeing respecting the qualifications of 
Lewis KJ wards, who voted for Hugh Waddell, four saying that 
he was a legal voter, and four that he was a Trustee, it is resol- 
ved that the evidence respecting hJ3 vote, be reoorted. 

Resolved, that Judson Riley and Warden Riley are cestui* 
que trust, and that they voted for Hugh Waddell. 

On motion, the Committee then adjourned, until to-morrow 3 
o'clock, P. M. 

Wednesday, Jan. 10, 1849. 

The Committee met pursuant to adjournment, and in conse- 
quence of the afternoon Session of the Senate, adjourned until 
haif past G, P. M. at which hour it again met, Messrs. Ashe 
ai.d Worth being absent. 

ll was resolved that Farthing Garrard and John T. Garrard 
w!.o voted for Hugh Waddell, are Trustors. 

Resoked, that the vote of Allen Tilley, who voted for Hugh 
Waddell, >^as legal. 

Resolved, that Samuel Hodge, who voted for Hugh Waddell 
was a cestui que trust. 

Resolved, by a majority of the Committee, that the vote of 
John Smith was illegal, but the Committee was equally divided 
as to whom he voted for. 

Resolved, that John McCarroll, being a Trustor, offered to 



32 

to vote for John Berry, but was refused permission to do so. 

The case of Daniel Thomas, who voted for John Berry, being 
reconsidered, it was resolved that his vote was legal. 

Resolved, by a majority of the Committee, that the vote of 
Jeremiah Hughes, who voted for John Berry, was legal, and 
tb»tthe evidence be reported. 

Resolved, that the vote of Joseph Thompson, eon of Stephen, 
who voted for John Berry, was legal. 

All the Proceedings of the Committee were then read, and cer- 
tain alterations and additions made thereto, by their order, afte 
which it adjourned subject to the call of the Chairman, 



January 16, 1849. 

The Committee met at half past 6 o'clock, having been sum- 
moned by the Chairman, Messrs. Halsey, Smith and Worth be- 
ing absent. 

Mr. Gilmer enters his protest againt the action and decision 
c\{ the Committee, [in the following cases, to wit : William A. 
Lindsay, John McCauley, Anderson Smith, Daniel Thomas and 
Jeremiah Hughes, insisting that their votes were illegal, accord- 
ing to the Evidence in the cases. He also protests and affirms 
that James Crabtree and Samuel {lodges were not cestuis que 
trust, but legal voters. 

The Committee then adjourned, sine die. 



[SENATE DOCUMENT, NO. 17.] 



A BILL 



TO 



itlti 



THE 



n m w es nr w 



OF 



THE STATE. 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 
1849. 



A BILL 

TO IMCREASE THE REVENUE OF THE STATE. 



Where as, there are many wealthy citizens of this State, 
who derive very considerable Revenues from monies, 
which produce interest, dividends, and profits, and who 
do not contribute a due proportion to the public exigen- 
cies of the same : 

Section, I. Be it enacted by the General Assembly of 

2 the State of North Carolina and it is hereby enacted by 

3 the authority of the same, That a tax for the sums, and 

4 in the manner hereinafter mentioned, shall be raised 

5 and paid into the Public Treasury of this State, and 

6 for the use and service thereof; that is to say, upon 

7 the principal of every sum or sums of money at in- 

8 terest, in trade or vested in stocks, or shares of any 

9 trading or incorporated company, yielding a dividend 

10 or profit, (the interest, dividend, or profit of which is 

11 safely secured, and actually due or received,) over and 

12 above the sum each person or persons pay interest up- 

13 on, and the sum of five hundred dollars besides, there 

14 shall be assessed and collected, the sum of twenty cents 

15 on every hundred dollars, which shall have produced 
10 for the year next before the owner or owners thereof 

17 shall give in his, her, or their tax list, an interest, divi- 

18 dend or profit of six per cent, and a proportionate sura 

19 on all other sum or sums of money drawing more or 

20 less than six per cent., by way of interest, dividend or 

21 profit. This tax to be returned on oath to the Justice 

22 appointed to take the list of taxables and taxable pro- 

23 perty, to be recovered, collected, and accouuted for by 

24 the Sheriffs of the several counties, in like manner as 

25 they have been authorized and required by law here- 

26 tofore to do, in collecting and accounting for the other 

27 State taxes : Provided, that this Act shall not extend 



28 to any Stock or shares in any of the incorporated Banks 

29 in this State already taxed by law : Provided further, 

30 that each and every merchant or mercantile firm, who 

31 shall have obtained and paid for a merchant's licence, 

32 shall have of their capital over and above the sum of 

33 five hundred dollars, and a sum equal to the debts 

34 they owe, exempted from the provisions of this Act f 

35 as following to- wit : for a merchant's licence taxed six 

36 dollars, the sum of three thousand dollars; a merchant's 

37 licence, taxed eight dollars, four thousand dollars; a 

38 merchant's licence taxed twelve dollars, six thousand 

39 dollars ; a merchant's licence taxed sixteen dollars. 

40 eight thousand dollars; and a merchant's licence taxed 

41 twenty dollars, ten thousand dollars. 

Sec. II. Be it further enacted, That hereafter there 

2 shall be imposed and levied annually the following 

3 taxes, to-wit : on every Surgeon Dentist five dollars, 

4 on all practising physicians, whose practice shall yield 

5 an annual income not less than five hundred dollais, 

6 and not exceeding one thousand dollars, two dollars ; 

7 on all such physicians whose practice shall annually 

8 yield more than one thousand dollars, the sum of four 

9 dollars ; on all practising lawyers, whose practice 

10 shall yield an annual income not less than five hun- 

11 dred dollars and not exceeding one thousand dollars, 

12 the sum ot two dollars; on all such lawyers, whose 

13 practice shall annually yield more than one thousand 

14 dollars, the sum of four dollars ; on all other persons, 

15 except ministers of the Gospel of every denomination, 

16 whose salary or fees, or both together shall yield an 

17 annnal income not less than five hundred dollars and 

18 not exceeding one thousand dollars, the sum of two 

19 dollars ; and on all such persons, excepting ministers 

20 of the Gospel, as aforesaid, whose salaries and fees 

21 shall yield annually more than one thousand dollars, 

22 the sum of four dollars. Provided, however, that every 

23 physician and lawyer shall be exempted from the pro- 

24 visions of this law for the first five years of his practice. 



Sec. 111. Be it further enacted, That hereafter there 

2 shall be imposed and levied annually a tax upon the 

3 following articles, to- wit : on all Gold and Silver plate, 

4 in value one hundred dollars, and not exceeding five 

5 hundred dollars, the sum of two dollars; and on all 

6 Gold and Silver plate exceeding in value five hundred 

7 dollars, four dollars ; on all pleasure Carriages, with 

8 four wheels, exceeding in value two hundred dollars, 

9 the sum of one dollar ; on all Gold Watches fifty cents; 
10 on all Silver Watches, ten cents. 

Sec. IV. Be it farther enacted. That each and every 

2 person shall annually render to the Justice appointed 

3 to take the list of taxables and taxable property as a 

4 part of. and in addition to his taxables and property, 

5 the amount of tax or taxes.which he, either in his own 

6 right or the right of any other person or persons whom- 

7 soever, either as guardian, attorney, agent or trustee 

8 or in any other manner whatsoever, is liable to pay 

9 under this Act ; and it shall be the duty of said Jus- 
10 tice to administer the following oath to all such per- 
il son or persons as may be liable to pay the same, and 

12 to list their property for taxation, to-wit : "You A. B. 

1 3 do solemnly swear, (or affirm, as the case may be,) that 

14 you, either in your own right, or the right of any other 

15 person or persons whomsoever, either as guardian, at- 

16 torney, agent or trustee, or in any other manner what- 

17 soever, are not liable for more taxes, under an Act of 
IS the General Assembly, entitled an Act to increase the 

19 Revenue of this State, passed in 1848-40, than the 

20 amount which you have now listed, and that in all 

21 other respects the list by you now delivered, contains 

22 a just and true account of all the property, which by 

23 law you are bound to list lor taxation, to the best of 

24 your knowledge and belief, so help you God." 

Sec V. Be it further enacted. That it shall be the 

2 duty of every Justice of the Peace who shall take a 

3 list of the taxable property in the State, before admin* 



4 uttering the oath aforesaid, to call over to each per- 

5 son giving in his list of taxable property, all the sub- 

6 jects and articles subject to taxation. 

Sec. VI. Be it further enacted, That each and every 

2 person liable to pay taxes, by and under the provis- 

3 ions of this Act, who shall fail to enlist the same, or 

4 refuse to take the oath herein prescribed and requir- 

5 ed, shall, in addition to the payment of a double tax, 

6 forfeit and pay into the Public Treasury, the sum of 

7 one hundred dollars for each year's failure or refusal 

8 aforesaid ; and it shall be the duty of the several She- 

9 riffs aforesaid, to levy, collect and account for the 

10 same, as in cases of double tax, unless the County 

11 Court shall, within nine months thereafter, on satis- 

12 factory cause shown to them, by such delinquent, or- 

13 der said forfeiture to be released and remitted. 

Sec. VII. Be it farther enacted, That it shall be the 

2 duty of the Justices appointed to take the lists of tax- 

3 able property, to list the taxes herein required to be 

4 listed, in separate columns, as follows, to wit: "Tax 

5 on Capital," "Physicians," "Lawyers," "Salaries and 

6 Fees," "Gold and Silver Plate," "Pleasure Carriages." 

7 "Gold Watches," "Silver Watches ;" and the Clerks 
S of the several Courts shall record, advertise and re- 
9 turn the same to the Comptroller's Office, in the same 

10 manner, and in case of failure, under the same penal- 

11 ties, forfeitures and liabilities, as are now prescribed 

12 by law in relation to all other taxables. 

Sec. VIII. Be it further enacted, That nothing in this 

2 Act shall be so construed as to give the several Coun- 

3 ty Courts any additional power to levy taxes for Coun- 

4 ty purposes. 

Sec. IX. Be it further enacted, That all laws and 

2 clauses of laws, coming in conflict with the true in- 

3 tent and meaning of this Act, be, and the same are 

4 hereby repealed. 



AMENDMENT 



PROPOSED BY 



MR. GILMER. 



Strike out all of the first section, after the enacting 
clause, and insert the following : 

That hereafter there shall be levied and collected, the 

2 sum of three cents upon every dollar of interest, safe- 

3 ly secured, and actually due or received upon all sum 

4 or sums of money at interest, whether in this State or 

5 out of it, at any time during the year next preceding 

6 the time, when the owner or owners thereof shall 

7 give in his, her or their tax list. 

Sec. II. Be it further enacted, That hereafter there 

2 shall be levied and collected, the sum of three cents 

3 upon every dollar of profit, or dividend, safely secur- 

4 ed and actually due or received upon all sums of mo. 

5 ney vested in trading in slaves, or vested in sailing or 

6 steam vessels, or in any other species of trade, or ves- 

7 ted in stocks of any kind, or in shares of any incorpo- 
3 rated or trading company, whether in this State or out 
9 of it, at any time when the owner or owners thereof 

10 shall give in his, her or their taxables. Provided, that 

11 this Act shall not authorize the taxing of any stock or 

12 shares in any of the incorporated Banks of this State 
IS already taxed by law. Provided further, That no 



14 person, whose interest, dividend or profit, shall not 

15 exceed the sum of twenty-four dollars, shall be sub- 

16 ject to the tax imposed by this Statute ; And provided 

17 further, that so much of the capital stock in trade, of 

18 any Merchant or Jeweler, wholesale or commission 

19 Merchant, as is now freed by the 14th section of the 

20 one hundred and second chapter of the Revised Stat- 

21 utes, shall be exempt from the provisions of this Act, 

22 unless the tax which he would be liable to pay under 

23 the provisions of this Act, shall exceed the amount 

24 which he is bound to and does pay under said 14th sec- 

25 tion ; in which case he shall be liable for such excess 
20 under this Act. 

Sec. III. Be it further enacted, That each and every 

2 person, whose interest, dividend or profit is subject to 

3 taxation as herein provided, shall have an amount 

4 equal to the sum of interest which he, she or they for 

5 the same time become liable, own, or pay, or secure to 

6 be paid upon his, her or their own debt or debts, ex- 

7 empt from the provisions of this Act. 



[SEN' ATE DOCUMENT, NO. 18.] 



SUBSTANCE 



OF TBS 



TESTIMONY 



CONCERNING THE 



TOTKRS ABOUT WHOM 



COMMITTEE 

DISA&REB. 



RALEIGH : 

8EAT0N GALES, PRINTER FOR THE STATE, 
18 49, 



SUBSTANCE 

Of the Testimony of thi Witnesses who speak 
of the voters, about whom the Committee dig- 
agree. 



1. Jeremiah Hughes' illegal vote for Berry not allowed 
by Mr. Bower's testimony. 

EVIDENCE. 

John Bain, witness, says that on the 14th of November, 
1848, Jeremiah Hughes told him he voted for Berry and 
that he had no title to any land, that he voted on Polly 
Shanklin's deed — that he had sold his land to Polly 
Shanklin. 

Cross examined ; said Polly Shanklin was his sister-irk' 
law — that the deed had never been registered. 

By Waddell. On the said 1 4th November, Jerry Hughes 
said that he had sold his land in the year 1846, to Polly 
Shanklin at two dollars per acre, she had paid him half 
of the purchase money, last winter she handed him back 
the deed without any remark at the time, that he carried 
the deed home and put it in his drawer and had it there 
then, that he set up no claim to that land then or any 
other land in the County of Orange. 

Polly Shanklin. That she took the deed to keep the 
land from being sold for Hughes' debts, that Hughes and 
his wife both signed it ; I kept it for more than twelve 
months, I handed it back to Hughes as I had failed to pay 



for it, for the purpose of having the land conveyed to th« 
child of said Hughes. 

Cross examined. Hughes was to have built a house 
upon the land, and his wife was to be privately examined, 
neither of which was done. I would not pay for the land, 
handed up the deed and told him to have one written for 
his child. I considered the bargain at an end and have 
set up no title to the land since. 

Jeremiah Hughes. My wife was heir at law of James 
Shaw, who died some ten or fifteen years ago, wife's share 
of his land one hundred and five acres, took possession in 
November, 1811, My wife has had children. I exe- 
cuted and delivered a deed to Polly Shanklin in trust for 
my children which was never proved or registered. Polly 
Shanklin re-delivered the deed to me more than six months 
before the Election, I destroyed the deed about a week 
before the November Election. 

John Shanklin. I saw the deed in the possession of 
Jerry Hughes a few days before the Election. 

2. Andersou Smith. Witnesses, Jno. Wilson, Hez. 
Terry, Nelson P. Hall, S.P. Moore, W. Ji\ Horner. Sub- 
stance of testimony. — He married a daughter of Thos. 
Horner, who owned about 483 acres of land : died leav- 
ing 11 children, of whom Anderson Smith's wife is one. 
The father-in-law, Thos. Horner, had conveyed the said 
land in trust to secure a debt of $300 to William Boles. 
Trust registered, and still unsatisfied. Anderson Smith 
voted for Jno. Berry. 

3. William H.Horner. Testifies that his own quali- 
fication to vote rests on forty acres, conveyed to him by 
his father, said Thos. Horner, and his interest in the 
•said lands of his father which was conveyed in trust as 
aforesaid. That Jacob Horner is the son and Anderson 
Smith is the son-in-law of Thos. Horner. See page 9 
Berry. Voted for Berry. 

1. William A.Lindsey. Robert Thompson says, that he 
voted for Berry, and produced a deed from his mother for 
more than fifty acres of land. First said it was deliver* 
ed in March, and then said in January. 



a 

Samuel H. Turrentine says, that Lindsey told him at 
the August election that he had no deed tor land, only a 
title-bond from Nath. Durham. Said this on his oath- I 
knew he had the title-bond, for I wrote it. He had not 
paid the whole of the purchase money. 

Thcs. Fawcett,— William A. Lindsey was turned out 
of the church for gambling:. Would believe him on his 
oath. At the August election, he offered to vote on a ti- 
tle-bond, and did not alledge that he owned any other 
land. 

William A. Lindsey witness for Berry. I voted on a 
deed, dated lUth January, 1848, executed by Elizabeth 
Lindsey to me for fifty-nine acres of land, 

John A. Lindsey, witness for Berry : 1 was a witness to the 
deed; it was executed and delivered at the time it bears date. 
It was of my Mother's Dower ; she still oecupies and has posses- 
sion of the same. At the time the deed was made, W. A. Lind- 
sey agreed, by parol, to let her live upon and enjoy the land for 
life. 

Henry Edwards, witness for Waddell : I heard W. A. Lindsey 
complain that they would not allow him to vote on his Bond to 
make Title, as he had paid a part of the money, and thought it 
hard that he could not vote. This was at the August election. 

5. Alfred Wiatt. George Hurdle, witness for Wadde'l, says, 
he voted for Berry : considered insolvent for several years: no 
visible properly on which an execution could be levied. 

Edward Benson, witness for Waddell, says that he is insolvent 
— a man out of whom nothing can be made. 

William Ward, witness for Waddell : Wiatt told me had a 
deed from his father, made 6 or 7 years ago. Offered to show it 
to me. He is perfectly good for his debts. 

James C. Turrentine, witness for Waddell, Sheriff of the 
County, says Alfred Wiatt has never given any land for taxa- 
tion for some years past; generally esteemed insolvent, see 50. 

6. Daniel Thomas— E. Mitchell, Witness, for Waddell, says 
Daniel Thomas' lot of land consists of sixty acres of land, twen- 
ty of them covered by his mother's dower — the widow in pos- 
session of twenty, and he of forty— he has no other land, he 
i-.aid he doubted his right to vote, as the widow's dow- 
er covered one third of his land. The said dowers was 1 laid off 



and the land -divided by a surveyor and commissioners in the 
pretence and by the consent of all the parties, and was reduced 
to writing. William A. Carrigan, witness for Waddell, pro- 
duces said division and allotment, which see ; voted for 
Berry. 

7. William Mc Adams— James Mc Adams, witness for Wad- 
doll, says some four or five years ago, William McAdams being 
deeply in debt and about to be sold out, conve3'ed to me by deed 
all hU land. I agreeing to surrender the deeds when he refund- 
ed the money — deed not registered ; some three years since, 
William McAdams and his sons repaid me and I delivered up to 
him the said deed, but never reconveyed. Cross examined ; I 
did not give it in or pay taxes for it. nor claimed the land since 
J handed back the deed. William has been in possession for 
the last thirty years ; voted for Berry. 

James Albright, Witness for Waddell, says that W illiam 
McAdams has seen considered totally insolvent even since he 
knew him. Cross examined; says that he would believe James 
McAdams on oath. 

8. Elijah vesey. Harrison Parkes, witness for Waddell, 
?ays that Vesey refused to swear that he had a deed or deeds 
covering fifty acres of land for six months before the election. 
Elijah Vesey, witness for Berry, says that he offered to vote 
for Berry and was refused. That his father died 11 yearsago, 
leaving nine heirs and 262 acres of land. I bought another's 
ninth part from William Duke, guardian of James D. Mangum, 
on the 5th of Nov. 1S47. See the deed. 

Oth. William Strain. No evidence for whom he voted. See 
43, Waddell. . 

'10. John McCauley. Bennet Hazell, witness for Waddell, 
says that on John McCauley's vote being contested at C. F. 
Faucett's precinct, he said he was a freeholder ; for his Aunt 
had willed him his land, but said further, that her will had nev- 
er been proved in Court, that there was no administration, that 
he had given in no land for taxes, but that his father had (or 

l,im. 

H. C. Hurdle, witness for Waddell, says that he voted for 

John Berry. 

11. James Crabtree. Sam. McCauley, witness for] Berry, 
shears that he heard John Carr say, in the presence of Crab- 
tree-, thit he had made a deed of Trust but that it had been 
raise*). Voted for 'Waddell. 



7 

12. Samuel Clayter, witness for Berry, aaith that he voted on 
& deed from Dr. James Webb, to Elisha Mitchell, dated 25th 
day of May 1843. See the deed, also a deed which Dr. James 
Webb had made to Samnel Clayter before he, Webb, convey- 
ed to Mitchell. 

13. Judson and Warden Riley. J. Riley, witness for Berry 
says, I voted on certain land devised in the will of my father 
William Riley, for Hugh Waddell. 

"^Warden Riley, witness for Berry, says the same as above as 
to his vote. 

On reference to the will, it is in substance " I give ilje land 
to A. for the use of Judson and Warden Riley, with directions to 
A to divide it equally between them," etc. 

15. Samuel Hodge. Robert Thompson, witness for Berry, say* 
that he voted for Waddell. Some years ago, I witnessed a deed 
from his father to him, for some sixty or eighty acres of land, 
he having paid sixty or seventy dollars for his father. 

Samuel Hodge, witness for Berry, says, I voted for Waddell 
on a paper writing executed to me by S. G. King, on the 9th of 
August '45; see copy furnished. I have 23 acres beside the 
land mentioned in the deed from S. D. King. 

16. James Glass, witness, sworn and offered by Berry; I voted 
for Waddell; my qualification is 90 acres of land, devised for me 
by the will of Stephen Glass, dee'd, which has proved and re- 
corded. 

17. William Wilkins. George Albright, witness for Berrv 
says he voted for Waddell. 

Benj. Hurdle, witness for Berry, says he is generally reported 
to be totally insolvent, and has no property. 

Sampson Morgan. Evidence that he voted for Waddell al. 

lowed by the Inspectors to vote — further, that he had before tha. 
time, been found by a Jury non compos. 

Jacob Haughawaut. As to this vote, at the request of Mr. 
Waddell, all objection is withdrawn. An agreement as to the 
force and effect of Mr. Berry's statement is on file, which Mr, 
Gilmer did not conceive as binding upon him as a member of 
of the Senate. But at the request of Mr. Waddell, and in con. 
sequence of said agreement, he withdraws his objection, and re= 
greta that he called the attention of the Senate to this voter. 

Wm. J. Pettigrew. Wm. Ward, witness for Waddell, savs ex- 
ecution against him, Petti jrrew, in April ia<?t-*had a conVeraa. 



lion will) him, said thpy might sell his carryall horse and gocd* t 
hiii) make what they could out of thnt. That was all he had, 
about two months ago, he told me that the forfeiture had not 
been paid ; this was just before the election, and he has left the 
State just after the election. 

P. P. Moore, witness for Waddeil, says Pottigrcw voted for 
Berry. 

John Allison, witness for B< rry, witnessed a deed on the 
second of February 1848, from Thomas Petigrew to said Wil- 
liam J. Petigrew, for 50 acres of land in Orange; did not see it 
delivered. Thomas Peiigrew told him a, few days after that he 
had delivered it. Thomas Petigtew, witness for Berry, saye that 
he did deliver the deed at ihe lime it bears date, that some two 
or three weeks ago he purchased said land back from his son. 
Asked leave to correct his testimony. Says that he delivered 
it to Susan Petigrew, his daughter, for William. That said Wil- 
liam gave him a reconveyance at the time he was leaving the 
State. 

John M. Petigrew witness for Berry, says that his father was 
sick when said William left, that he followed him some 25 miles, 
and took to him the old deed. My father told me that he, Wil- 
liam, had made no deed back to him for that land which he had 
purchased from him, and for which he had given him a mare, 
1 took the old deed and the mare, overtook him some 25 or 30 
miles on the road, gave him the mare, and look the paper writing 
marked Z, 



t. 



COMMUNICATION FROM CHIEF JUSTICE RUFFItf 

IN REPLY TO A 

RESOLUTION OF THE SENATE- 



Raleigh, January 18th, 1849. 

Sir : 

The Resolution of the Senate, passed on the 17th 
instant, requesting the Judges of the Supreme Court to 
furnish the Senate with their opinions on certain ques- 
tions therein mentioned, touching the qualifications of 
persons to vote for members of the Senate, under the 
Constitution of this State, was laid before the Judges on 
the evening of yesterday. 

Although not strictly an act of official obligation which 
could not be declined, yet from the nature of the ques- 
tions, and the purposes to which the answers are to be 
applied— being somewhat of a judicial character— the 
Judges have deemed it a duty of courtesy and respect to 
the Senate, to consider the points submitted to them and 
to give their opinions thereon. I am, according^, di- 
rected to communicate it. 

Three questions are proposed, which are thus ex- 
pressed : 

"First. Is or is not the vote of a Bargainor in a deed of 
trust legal ? 

"Second. Is or is not the vote of a Trustee under a 
deed of trust legal ? 

"Third. Is or is not the vote of a Cestui que Trust le- 
gal ? " * 

It is to be premised, that categorical answers to these 
enquiries could not be useful to the Senate, for want of 
the precision in the terms of the questions themselves, 
which is usual and requsite in legal discussions. For, 



neither the subject of the conveyance, nor the nature of 
the trusts, nor the estates of the bargainor and bargainee 
are specified. But, referring to the nature of the contro- 
versy before the Senate, as stated in the resolution, it is 
supposed that the case to which the Senate alludes is of 
this kind : That one entitled to at least fifty acres of land 
for life or some greater estate, conveys it by deed of bar* 
gain and sale to a trustee, to secure debts to other per- 
sons, with a power to thf trustee to Sell the estate, and out 
of the proceeds to pay the debts. Then, supposing the 
proper residences of the parties, the points are, whether 
the bargainor, the bargainee, or the creditor, and. if ei- 
ther, which of them, hath a right to vote for a member of 
the Senate. 

The Judges would have been gratified to have heard, 
before forming their opinion, an argument on the part of 
the gentlemen concerned on opposite sides; and, if the 
matter of law, involved in the questions of the Senate, 
were deemed by them doubtful, they would have been 
obliged to defer their answer until the parties or their 
counsel could submit their views. But as the Judges, 
upon conference, have found that their opinions entirely 
concur, and that no one of them entertains a serious doubt 
upon the subject, they have felt safe, and that it was 
proper, to deliver their opinion at once, in order to re- 
move the difficulty felt by the Senate in determining the 
pending contest, as far as their opinion can contribute 
to that end. 

The questions depend entirely upon the proper con- 
struction of the second clause of the third section of the 
first article of the amendments to the Constitution of the 
State. It is, that "all freemen, (except free negroes, &c.) 
who have been inhabitants of any one district within the 
State twelve months immediately preceding the day of 
any election, and possessed of a freehold within the same 
district, of fifty acres of land for six months next be- 
fore and attheday of election, shall be entitled to vote 
for a member of the Senate." This language is precise 
and positive, that the right to vote belongs only to him 
who is possessed of a freehold. The first enquiry, then, 
naturally is, what is a freehold, and who is a freeholder, 
within the meaning of the Constitution ? 

The term, "Freehold," is a legal one, of very ancient 
use, and of known signification in the Common Law. It 
means an estate in land, of which a freeman is seised for 
the term of his own life, or the life of another, at the least. 



In its proper sense, it is restricted to such an estate at 
law. In reference to private rights it is always used in 
pleadings and statutes, as applicable to legal rights and 
to legal rights only. It has likewise been used in the 
same sense, in reference to the qualifications of voters. 
Long before the settlement of the Colony of North Car- 
olina, the right of voting for a member of parliament was 
limited, by an ancient Statute of England, to ''Freehol- 
ders." A conclusive proof, that a freeholder, as meant 
in that Statute, was, as at Common Law, one who had 
the legal estate in himself, is furnished by the facts, that 
it required a subsequent Statute in that, country to ena- 
ble a mortgagor of a freehold estate, continuing in pos- 
session, to vote, and another to disable the mortgagee 
from voting, when he is not in the actual possession of 
the mortgaged premises or in the pernancy of the pro- 
fits. So, by an Act passed in the year 1700, by our Co- 
lonial Legislature, substantially following a previous one 
of the year 1743, it was thought necessary or useful to 
define the term, "freeholder," as descriptive of one enti- 
tled to vote for Representatives ; and therein it was 
provided, that a person who bona fide hath an Estate 
Real for his own life or the life of another, or an estate 
of greater dignity, of a sufficient number of acres of 
land, should beiaccounted a "freeholder," and entitled, 
as such, to vote ; and in a subsequent clause, it was fur- 
ther enacted, that the voter must be "possessed of a free- 
hold within the meaning of that act" — that is, an estate 
real for life at least — "in fifty acres of land." It is, thus, 
easy to see. whence the framers of the Constitution, in 
1770, and in 1835. derived the notion of the particular 
qualification of a freehold, and also the terms of its de- 
scription. Certainly, the settled sense of the word "free- 
hold," as a term of the law descriptive of an estate in 
land and in like manner as descriptive of a property 
qualification of voters, both in the mother country and 
in this Colony, is that, in which it must be received when 
used in the Constitution, when prescribing such a quali- 
fication for voters. 

It may be thought by some persons, that, in favour of the 
elective franchise, the Constitution should receive an 
equitable interpretation, enlarging the term "freehold," 
so as to embrace also, what is called an "equitable free- 
hold." But that instrument is to be fairly construed and 
received according to the plain and popular import of its 
language generally, or according to their legal sense when 



neither the subject of the conveyance, nor the nature of 
the trusts, nor the estates of the bargainor and bargainee 
are specified. But, referring to the nature of the contro- 
versy before the Senate, as stated in the resolution, it is 
supposed that the case to which the Senate alludes is of 
this kind : That one entitled to at least fifty acres of land 
for life or some greater estate, conveys it by deed of bar- 
gain and sale to a trustee, to secure debts to other per- 
sons, with a power to thf trustee to sell the estate, and out 
of the proceeds to pay the debts. Then, supposing the 
proper residences of the parties, the points are, whether 
the bargainor, the bargainee, or the creditor, and. if ei- 
ther, which of them, hath a right to vote for a member of 
the Senate. 

The Judges would have been gratified to have heard, 
before forming their opinion, an argument on the part of 
the gentlemen concerned on opposite sides; and, if the 
matter cf law, involved in the questions of the Senate, 
were deemed by them doubtful, they would have been 
obliged to defer their answer until the parties or their 
counsel could submit their views. But as the Judges, 
upon conference, have found that their opinions entirely 
roncur, and that no one of them entertains a serious doubt 
upon the subject, they have felt safe, and that it was 
proper, to deliver their opinion at once, in order to re- 
move the difficulty felt by the Senate in determining the 
pending contest, as far as their opinion can contribute 
to that end. 

The questions depend entirely upon the proper con- 
struction of the second clause of the third section of the 
first article of the amendments to the Constitution of the 
State. It is, that "all freemen, (except free negroes. &c.) 
who have been inhabitants of any one district within the 
State twelve months immediately preceding the clay of 
any election, and possessed of a freehold within the same 
district, of fifty acres of land for six months next be- 
fore and at the day of election, shall be eatitled to vote 
for a member of the Senate." This language is precise 
and positive, that the right to vote belongs only to him 
who is possessed of a freehold. The first enquiry, then, 
naturally is, what is a freehold, and who is a freeholder, 
within the meaning of the Constitution ? 

The term, "Freehold," is a legal one, of very ancient 
use, and of known signification in the Common Law. It 
means an estate in land, of which a freeman is seised for 
the term of his own life, or the life of another, at the least. 



In its proper sense, it is restricted to such an estate at 
law. In reference to private rights it is always used in 
pleadings and statutes, as applicable to legal rights and 
to legal rights only. It has likewise been used in the 
same sense, in reference to the qualifications of voters. 
Long before the settlement of the Colony of North Car- 
olina, the right of voting for a member of parliament was 
limited, by an ancient Statute of England, to ''Freehol- 
ders." A conclusive proof, that a freeholder, as meant 
in that Statute, was, as at Common Law, one who had 
the legal estate in himself, is furnished by the facts, that 
it required a subsequent Statute in that country to ena- 
ble a mortgagor of a freehold estate, continuing in pos- 
session, to vote, and another to disable the mortgagee 
from voting, when he is not in the actual possession of 
the mortgaged premises or in the pernancy of the pro- 
fits. So, by an Act passed in the year 1760, by our Co- 
lonial Legislature, substantially following a previous one 
of the year 1743, it was thought necessary or useful to 
define the term, "freeholder," as descriptive of one enti- 
tled to vote for Representatives ; and therein it was 
provided, that a person who bona fide hath an Estate 
Real for his own life or the life of another, or an estate 
of greater dignity, of a sufficient number of acres of 
land, should be i accounted a "freeholder," and entitled, 
as such, to vote ; and in a subsequent clause, it was fur- 
ther enacted, that the voter must be "possessed of a free- 
hold within the meaning of that act" — that is, an estate 
real for life at least — "in fifty acres of land." It is, thus, 
easy to see. whence the framers of the Constitution, in 
1770, and in 1835. derived the notion of the particular 
qualification of a freehold, and also the terms of its de- 
scription. Certainly, the settled sense of the word "free- 
hold," as a term of the law descriptive of an estate in 
land and in like manner as descriptive of a property 
qualification of voters, both in the mother country and 
in this Colony, is that, in which it must be received when 
used in the Constitution, when prescribing such a quali- 
fication for voters. 

It may be thought by some persons, that, in favour of the 
elective franchise, the Constitution should receive an 
equitable interpretation, enlarging the term "freehold," 
so as to embrace also, what is called an "equitable free- 
hold." But that instrument is to be fairly construed and 
received according to the plain and popular import of its 
language generally, or according to their legal sense when 



it uses technical legal terms. It is not to be crippled by 
a rigorous adherence to the letter, on the one hand, nor 
stretched out of bounds on the other, by a latitudinous 
construction of words of definite and well known signifi- 
cation. The very fact of requiring a property qualifica- 
tion repels all attempts to fritter it away upon a plea of 
favour to the citizen. The Constitution forbids any such 
favor, by the plain implication, that such a qualification 
is deemed indispensably requisite to the security of the 
citizens or the stability of the government ; and its pro- 
visions in this respect ought no more to be enlarged, than 
restricted, by construction. Now "freehold" and "free- 
holder" are terms of art, of the definite signification in 
the law, hitherto mentioned, and therefore they ought so 
to be understood. It is true, that writers on that peculiar 
branch of our jurisprudence, which is called Equity, in 
contradistinction to the common or statute laws, and also 
Chancellors, sometimes use the expression " equitable 
freeholder." But, in thus using it, they speak, not in a 
literal, but a figurative sense. They do not mean, that 
there really is a freehold in equity ; but only that one, 
who in the view of a Court of Equity, is entitled in pre- 
senti to the profits of land for life, of which another is 
seised, is to be regarded in that Court, to many purposes, 
as if he were seised of the land, instead of being entitled 
to the use and profits merely. But that refers solely to 
the beneficial rights of property in equity, in respect to 
the enjoyment, disposition, and transmission of the use 
by descent, or the like ; and not at all to legal rights, or 
political privileges. To such rights and privileges the 
clause in the Constitution relates ; and its terms cannot 
therefore be controlled by any peculiar sense in which a 
Chancellor might figuratively use them in reference to 
certain equitable interests/which in some respects have a 
similitude to freeholds in land, but are not really freeholds. 
The foregoing considerations have so much weight in 
establishing the proposition, that a bargainor in such 
a deed of trust as that supposed, or a mortgagor, is not 
entitled to vote for a member of the Senate, that the 
Judges would entertain that opinion on those grounds, 
were there nothing else bearing on the point. But there 
are various other reasons, arising out of the purposes of 
the provision in the Constitution, and from the na- 
ture of such trusts and the rights of mortgagors, which 
strongly tend to the same result. Undoubtedly the ob- 
ject, in requiring the freehold qualification, was to con- 



stitute one branch of the Legislature peculiarly the guar- 
dian of property by having it chosen by the owners of 
property. To answer that end, the ownership of the pro- 
perty ought to be bona fide and substantial, and not colour- 
able and covinous, or nominal merely. Then, it is to be 
observed, that debtors frequently mortgage their estates, 
or convey them in trust, as a security for debts to a 
greater amount than the value of the land. In those cases 
they have such interests in the equity of redemption or 
resulting trust, that, while they continue in the posses- 
sion and enjoyment, of the land, they may be called "the 
equitable freeholders" in the Court of Chancery, though 
their estates, or rather, interests are. really of no value. 
It would be a gross abuse of the Constitution for such 
persons to vote ; as they have neither a legal or benefi- 
cial property. That might, indeed, be otherwise, if the 
Constitution required a freehold of a particular value. 
In that case, possibly, the value of the land above the in- 
cumbrance might be deemed or declared to be the mea- 
sure of the equitable freehold, as it is called. But there 
can be no such discrimination in this State. No act of 
the Legislature can add to the qualifications for voting or 
take any thing away. No law can now declare what is 
a freehold, so as to make it different from that described 
and meant in the Constitution. As therefore, debtors, 
who convey their estates in mortgage or in trusts to se- 
cure more than their value, cannot, in any just sense, or 
by any intelligent and upright tribunal, be deemed free- 
holders, to the purposes of the Constitution, and, as there 
is no power to create a distinction between such mortga- 
ges and deeds of trust of those in which the debts are less 
than the value of the estate ; it appears to follow neces- 
sarily, that no mortgagor, or bargainor in a deed of trust 
of that kind, is competent 4 to vote. For, as all cannot be 
admitted at the polls, none can: since they all have rights 
of the same nature, though of different values in the 
market, and the Constitution refers exclusively to the 
quantity of the land and the nature of the estate in it, 
without regard to value in any case. 

Moreover, if persons claiming equitable interests un- 
der express reservations or declarations of trust were en- 
titled to vote, so, in like manner, would those entitled by 
way'of resulting or implied trusts Thus, upon a contract 
for the purchase of a freehold, the vendor before a con- 
veyance becomes a trustee for the vendee, and the lattet 
the equitable owner of the land, provided he has paid the 



purchase money or performed the contract on hi.s part. — 
But it seems quite clear, that it was not contemplated in 
the Constitution to make such nice and doubtful equities, 
as often arise out of such dealings, the subject of contro- 
versy at the polls, to be decided by the judges of the elec- 
tion On the contary, it was proper, that the title to vote 
should be defined clearly and rendered simple, so that the 
rights and duties of the citizen could be easily understood 
and readily determined. By viewing the Constitution in 
the legal and obvious sense of its language the right to 
vote is thus defined, and vested in the owner of the land 
lor Iif e — "the freeholder"— in possession. 

The conclusion of the Judges is, and they are all of 
opinion, that the bargainor in such a deed of trust, a« 
that supposed, is not entitled to vote for a member of the 
.Senate, in virtue of any trust or interest in the land or in 
the surplus of its proeeds, alter payment of the debts, re- 
served or resulting to him. 

It follows, that a creditor, secured by such a deed, can- 
not as a Cestui que trust, vote lor a Senator ; lor he has 
neither a legal nor an equitable right to the land, but on- 
ly a right to have his debt raised out of it. Indeed, if a 
conveyance be made to one upon an express and pure 
trust for another for life, the reasons already addressed 
upon the first point, satisfy the Judges, that the cestui 
que trust is not entitled to vote ; because, in their opin- 
ion, merely equitable interests are not within the pur- 
view of the Constitution at all, but proper freeholds only. 

Upon the remaining question as framed, namely: 
Whether the bargainee or trustee in such a deed be enti- 
tled to vote, the opinion of the Judges is likewise in the 
negative. Such a person is a freeholder ; and if that by 
itself wouid suffice, he would be entitled to vote. But, 
by the words of the Constitution, one must not only have 
a freehold, but be "possessed" ol it. That is a material, 
and indeed, essential part of the provision. In legal 
language, -possessed" is not the appropriate term to de- 
scribe the quantity of an estate, as being a freehold. 
Technically, he, who has a freehold, is said to be " seised," 
and we know thereby, that he is fully invested of the es- 
state. ** Possessed," then when applied to a freehold, 
means something more than that the party is seised for 
life ; for such seisin is implied in the term " freehold," by 
itself. It can therefore only mean, that the person must 
be in possession of the land as his freehold. " Possessed," 



is therefore very properly applied to the term " freehold," 
in the Constitution — not as denoting merely, that a per- 
son hath a lawful right to the land, but further, that he is 
in the actual enjoyment by possession or perception of 
the profits, or at least, that no one else is. 

As has been already remarked, the policy of the Constitu- 
tion is, that voters for members of the Senate should have a 
substantial interest in the country in the form of a freehold in 
at lenst, fifty acres of land. Now, there mav be such a free- 
hold, which gives no beneficial interest to the freeholder ; in 
whom the estate was vested for the use and benefit of another 
entirely. It is manifest that such a freeholder does not stand 
in such a relation to the property and the country as :tffords a 
reasonable expectation, that he will exercise the* elective fran- 
chise upon the motives and to the ends, for which the property 
qualification is required. A mere mortgagee, that is, one not in 
possession, has the estate barely as a security for a sum of mon- 
ey; and a trustee in the like condition holds the title exclusively 
for the benefit of others. It often happens, that the legal es- 
tate is outstanding in the trustee long aiter the debts are paid 
or other trusts are satisfied ; in which cases the trus- 
tee cannot rightfully enter for any purpose, but is bound to re- 
convey the land upon request. If such a trustee weie allow- 
ed to vote, it would plainly violate the policy and meaning of 
ihe Constitution, and not less, its language. If however a 
mortgagee take actual possession by himself or his lessees, he 
becomes thereby a freeholder in possession. Indeed, he has 
a substantial interest, as well as the estate, and is in fact enjoy- 
ing it, and therefore his right to vote is unquestionable. It is 
not so obvious, that a trustee, in a deed to secure debts to others, 
is within the fair sense of the Constitution, though he take pos- 
session ; and it can hardly be doubted that were the Constitu- 
tion such an instrument as deals in details, such a trustee would 
have been expressly excluded, or, had the case occurred to the 
Convention, that to the words, "possessed of a freehold," would 
have beeu added "to his own use," or some provision of simi- 
lar import. But the Constitution, in fact, contains no such quali- 
fication upon the right of the freeholder in possession to vote ; 
and therefore though not plainly within the reason of the Con- 
stitution, a trustee who is in possession, or in the actual receipt 
of the profits, though not to its own use, is fully within the ex- 
press words of the provision in the Constitution as it is, and 
consequently he must be admitted to his vote. For there is 
no authority for a judicial or legislative interpolation of an 
exception, that the person must be "possessed to his own use," 
when the Constitution is not thus qualified, but is expressed in 
language, not in itself of doubtful import, but having a clear and 
settled sense. 



The question of the Senate has no reference to the posses- 
sion of the land by the trustee ; and it must, therefore, be un- 
derstood as refetring to the right of a trustee to vote by force, 
merely, of the conveyance to him, vesting the legal freehold in 
him. Thus understood, the answer of the Judges to it is, that 
in their opinion, such a tiustee is not entitled to vote. 

But, at the same time, they deem it their duty to say further, 
that they are likewise of opinion, that if a mortgagee go into 
possession of the mortgaged premises or receives the profits, or 
if a trustee, in such a deed as that all along supposed, actually 
enter into possession or take the profits, for the requisite period, 
then the former, undoubtedly, and, in the opinion of the Judges, 
the latte; also, is entitled to vote for a member of the Senate. 

It will be observed, that t|ie effect of these answers is, that, 
except when the Trustee is in possession, neither the Bargainoi 
nor the Trustee can be allowed to vote ; and it may, possibly, 
occur to the minds of some, as an objection to the principles 
laid down, that the land is thereby excluded from representation 
altogether, and in so doing, that the Constitution is disregarded. 
But the objection, though it may at first appear plausible, has 
no real force. For the land is in no case represented. The 
right is in the owner. It is true, the right is conferred on him in 
respect of the land. But it is only for the security of his rights 
and interests as a citizen and owner of land; and he is not 
obliged by the Constitution to vote, or, after once acquiring the 
right to vote, not to part from it. The truth is, that there is a 
great deal of land on which no one votes 01 can vote : as, for 
example, that belonging to single women and infants, and to 
persons residing in a different district from that in which the 
land lies. So, if one conveys his land in such a manner as not 
to leave in himself a "freehold,'' he, of course, parts with his 
right to vote, though he continue to occupy the land. But it 
does not follow, that by depriving himself of that right, he trans- 
fers it to the alienee of the freehold. For, while the former 
owner canno! vote, for the want of the freehold, the new owner 
does not become entitled to vote by having the "freehold," un- 
less he also become "possessed" of it. There is, consequently, 
no inconsistency in holding, that neither of them is entitled, 
when the Trustee is not in possession either actually or by re- 
ceipt of the profits. 

I am, sir, with very great respect, 

Your most obedient servant, 

THOMAS RUFFIN. 
To the Hon. Calvin Graves, 

Speaker of the Senate. 



[HOUSE OF COMMONS DOCUMENT, NO. 2.] 
MEMORIAL 

SOLICITING A 

STATE HOSPITALi 

FOR THE PROTECTION AND CURE OF THE INSANE, 

SUBMITTED TO THE 

GENERAL ASSEMBLY OF NORTH CAROLINA. 



NOVEMBER, 1§48 



RALEIGH : 

3EATON GALES, PRINTER FOR THE STATE, 



MEMORIAL. 



To the General Assembly of the 

State of North Carolina : 

Gentlemen : — 

I respectfully ask your attention to the subject 
herein presented and discussed ; and solicit your prompt 
and favorable action upon the same. 

I come not to urge personal claims, nor to seek indi* 
vidual benefits ; I appear as the advocate of those who 
cannot plead their own cause ; I come as the friend of 
those who are deserted, oppressed, and desolate. In 
the Providence of God, I am the voice of the maniac 
whose piercing cries from the dreary dungeons of your 
jails penetrate not your Halls of Legislation. I am the 
Hope of the poor crazed beings who pine in the cells, and 
stalls, and cages, and waste rooms of your poor-houses. 
1 am the Revelation of hundreds of wailing, suffering 
creatures, hidden in your private dwellings, and in pens 
and cabins — shut out, cut off from all healing influences, 
from all mind-restoring cares. 

Could the sighs, and moans, and shrieks of the insane 
throughout your wide-extending land reach you here and 
now, how would your sensibilities to the miseries of these 
unfortunates be quickened ; how eager would you be to 
devise schemes for their relief — plans for their restoration 
to the blessing of a right exercise of the-reasoning facul- 
ties. Could their melancholy histories be spread before 
you as revealed to my grieved spirit during the last three 
months, how promptly, how earnestly would you seareh 



out the most approved means of relief; how trifling, how 
insignificant, by comparison, would appear the sacrifices 
you are asked to make ; how would a few dimes and 
dollars, gathered from each citizen, diminish in value as 
a possession, compared with the certain benefits and vast 
good to be secured for the suffering insane, and for their 
afflicted kindred, by the consecration and application of 
a sufficient fund to the construction of a suitable hospital 
in which the restoring cares of skilfully applied physical 
and moral treatment should be received, and in which 
humane and healing influences should take the place of 
abuse and neglect ; and of galling chains and loathsome 
dungeons. 

North Carolina, hailed of her sons, " the glorious Old 
North," — North Carolina, unburthe ned by State debts, 
untouched by serious misfortunes, is last and latest of 
the "old thirteen," save the small terrirory of Dela- 
ware, to make provision for the care and cure of her 
insane citizens, and almost the last embracing all the 
New States in our broad Union. 

But it is not to the State pride of the intelligent citi- 
zens of North Carolina that my appeal comes ; it is to 
the liberal and humane hearts of this portion of my 
fellow citizens, its plea reaches ; it cannot be rejected, it 
dares not consent to be put off, it claims with earnest 
importunity that its merits may be discussed, it would 
merge in oblivion the multiplied'miseries resulting from 
past neglects and procrastination, by wakening to action 
the efficient energies of humanity and justice. 

At present there are practiced in the State of North 
Carolina, four methods of disposing of her more than one 
thousand insane, epileptic, and idiot citizens, viz : In the 
cells and dungeons of the County jails, in comfortless 
rooms and cages in the county poor-houses, in the dwell- 
ings of private families, and by sending the patients to 
distant hospitals, more seasonably established in sister 
States. 1 ask to represent some of the very serious evils 
and disadvantages of each and all these methods of dis- 



posing of the insane, whether belonging to the poor or to 
the opulent classes of citizens. 

It may be here stated that by far the larger portion of 
the insane, epileptics, and idiots, are detained in or near 
private families, few by comparison, being sent to North- 
ern or Southern State hospitals, and yet fewer detained 
iri prisons and poor-houses, yet so many in these last, and 
so melancholy their condition, that were the survey ta- 
ken of these cases alone, no stronger arguments would 
be needed to incite energetic measures for establishing 
an institution in North Carolina adapted to their neces- 
sities, and to the wants of the continually recurring 
cases which each year swell the record of unalleviated 
unmitigated miseries. 

If the plea of suffering humanity is insufficient to 
quicken Legislative interposition, an argument based on 
indisputable evidence, may be advanced, whose force can- 
not be slighted ; Mnean the economy, directly to individ- 
uals, towns, and counties, and remotely, but not less ac- 
tually to the State, of establishing without delay, a Hos- 
pital for the treatment and protection of the insane. 

In order precisely and definitely to present this subject 
in an economical point of view, I quote lrom carefully 
prepared tables furnished by the experienced Superinten- 
dant of one of the most successfully conducted Hospitals 
in the Union. The cases affording the following results 
are taken in their order of successive admission. The 
first twenty were the first incurable cases which were 
received at the institution : the last, those latest received. 
The expense of the first, cost before admission, one dollar 
and fifty cents per week. They had in the aggregate 
cost to the State each, one thousand five hundred and fifty 
dollars and fifty cents. On the other hand, the actual ex- 
pense of the last twenty cases which have been discharg- 
ed from the Hospital cured, amounts only to forty-seven 
dollars and a half each. Hence, it appears that the ex- 
penses already incurred for taking care of twenty cases 
suffered by delay and neglect, to become incurable, has 



bern more khan th\rt>/-twi times greater than the same 
number of cases for which early ami proper provision 
had been made. The recent cases are well ; the old ones 
will doubtless continue a charge through life. Strange 
as it may appear, it is not the less true, that taking an 
average chance for cures, it would have been a pecuniary 
saving to the State to have had seasonablejcare of these 
old eases, though at an expense of eighty dollars a week, 
rather than by negleet to have incurred the necessity of 
supporting them to the present time, and till their de- 
cease. 

The incarceration of insane men and women in Coun- 
ty prisons, whether furiously mad or otherwise, is object- 
ed to. first as subverting the uses for which these prisons 
are constructed, second, as placing the innocent on a 
level with the guilty, making misfortune and crime, dis- 
ease and health, go hand in hand. I said on a level, I 
mistake ; the felon looks forward to a period of enlarge- 
ment, and notes the time when his prison bonds shall be 
broken • the insane whose imprisonment is aggravated 
and prolonged by consequence of sickness, not for his 
crimes, anticipates no season of liberty, no period of re- 
lease. 

Again, many persons adopt the idea that the insane are 
not sensible to external circumstances, that to their per- 
ceptions the dungeon, chains, cold, nakedness, and harsh 
epithets are as acceptable as a comfortable apartment, 
freedom from shackles, a pleasantly tempered atmos- 
phere, decent clothing, kindly speech, and a courteous 
address. They assert that coarse, ill-prepared food is as 
palatable as that which is wholesome and well cooked, 
that eold and heat, sunshine and cloud, pure air and that 
loaded with noisome exhalations, liberty and confine- 
ment are all one and the same to the insane, producing 
like impressions and results on the deranged intellect. 
Greater error of belief was never adopted j more serious 
mistakes, and conducting to more fatahresults could not 
be propagated. The insane in most, cases fell as acute- 
ly, and distinguish as readily as thesi'i.-. 



Nor are we to conclude that because a man is insane 
that he is not in a large majority of cases, able to ap- 
preciate the advantages of good associates, or that he is 
obtuse under the contact of ill-chosen companionship. I 
recollect a gentleman who had enjoyed a liberal education, 
and possessed a refined mind, who became insane and 
shortly furiously mad; for a little time he was conveyed 
to a jail, and exposed to the daily observation of a crowd 
of criminals, whose base language and coarse manners 
constantly exasperated his temper ; finally he was re- 
moved to a well ordered hospital, and after some months 
his recovery being complete, he was restored to his fam- 
ily and friends ; but he could not forgive them his deten- 
tion in the prison; he spoke with bitterness and severity 
on his having been subject to such a degradation. On 
the contrary, he dwelt with tender gratitude upon his sit- 
uation in the Hospital, (that of Bloomingdale, near New 
York) and spoke with continual pleasure of the comforts 
which there surrounded him. But he never has relin- 
quished the opinion that his malady would have yielded 
much more promptly to the mental and moral treatment 
in that Institution, had he been at once conveyed thither. 
" I object absolutely, says Ellis, to the inhuman custom 
of confining insane persons and idiots in the same build- 
ings as prisoners and criminals ; the usage cannot be too 
strongly censured." Many examples might be adduced 
to illustrate the correctness of this position, and for other 
reasons than those already stated. 

In 1844, I found a furious madman in one of the dun- 
geons of the old jail in Fayette County, Penn. His disposi- 
tion was homicidal ; he had been in prison nearly fifteen 
years. On one occasion a man was brought into the 
prison intoxicated, having committed some offence while 
under the influence of ardent spirits ; he was thrown into 
the cell of the maniac, who it is supposed was provoked 
by him, but no one knows : this only is certain, he fell 
upon the involuntary intruder and murdered him in the 
excitement of a most ferocious temper. When the jailer 



entered, a horrible spectacle presented itself, the murder- 
ed drunkard, mangled and lifeless, the insane muderer 
covered with gore, and exulting over the reeking remains, 
of his victim ! 

In Philadelphia, some months since, the officers of the 
Moyamensing prison were roused from sleep by the cries of 
murder proceeding from a cell occupied by an insane man 
and a prisoner who had been committed for disorderly 
conduct. This unfortunate man was found lying upon 
the floor weltering in blood, while the murderer, in the 
highest state of phrenzy stood over him, brandishing a 
bloody knife. The head of the victim was nearly sever- 
ed from the body, and the body covered with frightful 
gashes. In reply to the enquiry what had led him to per- 
petrate this horrid deed, he answered that it was that he 
might not himself be killed. 

An insane man has for many years been confined in 
the jail at Germantown, Stokes County, in this State. 
On one occasion some time past, a negro prisoner was put 
into the same room as the crazy man; he did not like the 
companionship, and murdered him in a shocking manner, 
yet he seemed quite insensible to the turpitude of the 
deed, and rather exulted in the entire success of the act, 
as I was informed on a recent visit at the prison. 

I admit that public peace and security are seriously en- 
dangered by the non-restraint of the maniacal insane. I 
consider it in the highest degree improper that they 
should be allowed to range the towns and country with- 
out care or guidance ; but this does not justify the pub- 
lic in any State or community, under any circumstances 
or conditions, in committing the insane to prisons ; in a 
majority of cases the rich may be, or are sent to Hospitals ; 
the poor under the pressure of this calamity, have the 
same just claim upon the public treasury, as the rich have 
upon the private purse of their family ; as they have the 
need, so have they the right to share the benefits of Hos- 
pital treatment. Urgent cases at all times, demand, un- 
usual and ready expenditures in every community. 



If County Jails ?nust be resorted to for security against 
the dangerous propensities of madmen, let such use of 
prison-rooms and dungeons be but temporary. It is not 
long since I noticed in a Newspaper, published near the 
borders of this State, the following paragraph; "It is our 
-fate," writes the Editor, " to be located opposite the Coun- 
ty Jail, in which are now confined four miserable crea- 
tures, bereft of the God- like attribute of reason : two of 
them females ; and our feelings are daily excited by 
sounds of woe, that would harrow up the hardest soul. 
It is horrible that for the sake of a few thousand dollars 
the wailings of the wretched should be suffered to issue 
from the gloomy walls of our jails without pity and with- 
out relief. Were our law-makers doomed to listen for a 
single hour each .day to the clanking of chains, and the 
piercing shrieks of these forlorn wretches, relief would 
surely follow, and the character of our State would be 
rescued from the foul blot that now dishonors it." In near- 
ly every jail in North Carolina, have the insane at dif- 
ferent times, and in periods varying in duration, been 
grievous sufferers. In Halifax County, several years 
since, a maniac was confined in the jail \ shut in the dun. 
geonjf and chained there. The jail was set on fire ' by- 
other prisoners : the keeper, as he told me, heard frantic 
shrieks and cries of the madman, and "might have saved 
him as well as not, but his noise was a common thin°- ; 
he was used to it, and thought nothing out of the way 
was the case." The alarm of fire was finally spread ; the 
jailer hastened to the prison: it was now too late; 
every effort, (and no exertions were spared,) to save the 
agonized creature, was unavailing. He perished in 
agony, and amidst tortures no pen can describe. 

In Wentworth, Rockingham County, is an aged crazy 
man whose history even carefully abridged would fill too 
many pages to be introduced here. The principal facts 
of his troubled life are known to many in all the adjoin- 
ing Counties. Can it be credited ? crazed and wretched, 
he has been the inmate of a prison for more than thirty 
years ! and that not for the commission of crimes. 
2 



10 

In Stokes jail, at Germanton, was a very crazy man, 
confined in an unventilated, dreary dungeon. Being tol- 
erably quiet about that time, his chains had been re- 
moved, and he was rejoicing in being able to reach the 
low grated door, because, said he "I can put my mouth 
close to the bars and draw in some air : dont you like 
fresh air," he enquired, " Oh it is so good"! " but oh is'nt 
it pleasant to lookout and see the sky, and see the pretty 
fields; I cant see them here, now you are come to let me 
out; I know you have; I want to get out; I want to walk 
about; I don't want to stay here." Alas I could render 
no relief, the. unfortunate man was incapable of self con- 
trol, and endangered life and property when at large, and 
there was no hospital to receive him in Carolina — he 
was poor, and so could not be conveyed to that of 
another State. 

I recollect, of many examples, one recorded in a 
Report to the Virginia Legislature, by Dr. Stribling, 
which serves to illustrate what might have been, in 
all probability, the benefits of timely Hospital care for 
theis suffering madman. 

In 1S41, a patient was conveyed from a jail in 

County, where he had been confined loaded with irons for 
SIX months. He had been temperate and industrious, but 
was unfortunate and insanity ensued. He was convey- 
ed to the Hospital bound hand and foot, screaming vo- 
ciferously, and seeming a very demon in look and act. 
For days he was furious, but his malady yielded, at first 
by medical means, and finally by moral influences. In 
one month he was freed from all restraints, passed in 
and out of the building at pleasure, and soon cheerfully 
occupied himself upon the grounds of the Institution, in 
useful labor, without even an attendant. Jnfour and a 
half months his cure was perfect, and he was discharged. 
His gratitude and attachment to his physician and nurse 
seemed unbounded. He returned to his home and set. 
tied his affairs there, and after a few months returned to 
offer his services as attendant in the Hospital, and has 
continued in the daily and hourly exercise of those kind 



li 

and humane cares which were so grateful and soothing 
in his own experience. He has the responsibility of 
guarding, protecting, employing, and amusing a class of 
fifteen patients, all of whom are devoted to him. Com- 
ment upon this case is needless. 

In the miserably dilapidated jail in Surry, was also a 
crazy man, quiet at the time of my visit, but subject to 
access of violent and alarming paroxysms. Before com- 
mittal he often declared to his wife that " he felt mighty 
strange, that he was bound to kill somebody, that he felt 
dreadfully, that he had a desire to kill her." He was 
notmalicious, did not entertain emnity towards any one 
individual, but had a morbid and almost uncontrolla- 
ble desire " to see blood run." Of course, being looked 
upon as dangerous to the lives of others, he was com- 
mitted to the jail for an indefinite period, where the ap- 
plication of moral and medical means was unattainable. 
In a Hospital, he would have been an industrions and 
useful inmate, and probably in a short period might have 
been perfectly restored to mental and physical health. 

Since I was in Rowan, an insane man, possessed of a 
moderate fortune has been committed to the jail ; I will 
not attempt to depict his sufferings in the dismal dungeon 
into which he has been cast. 

From the comfortless, and old jail in Wilkes, an insane 
women had been discharged some time previously to my 
visit. At that period and since, I have received the fol- 
lowing facts of her history. Mrs. B- is now above 35 
years of age, and had for many years been eccentric, at 
last deranged, and finally has hecome a decided ma- 
niac. While her husband lived, he was ever kind and 
indulgent, and often said to his neighbors, in excuse for 
her wayward conduct and ill-speech, that they must 
not mind her, for she was deranged, as he believed. 
More than a year since, she had been ill for sometime, 
her husband was exhausted from loss of sleep, and, as he 
thought at a favorable moment threw himself down to 
rest. She perceived him sleeping, she went out and re- 
turned with a large stone, with which she beat him upon 
the head so as to cause almost immediate death. Her 



12 

insanity was fully proved upon her trial, and she was 
remanded to jail ; after considerable detention her broth- 
er decided to take charge of her, and removed her to his 
house. Recently in a state of high excitement she at- 
tempted the life of her sister-in-law, and but for the 
timely arrival of her brother would have accomplished 
the shocking purpose. Her physician has lately written 
to me, that he regards her as a confirmed maniac, and 
dangerous at all times to be at large, as well as danger- 
ous to all who unguardedly approach her when she is 
excited. 

An insane man has lately been discharged from the 
jail in Beaufort Count}', and sent to Hyde, where he be- 
longed. One also from Carteret, as I am told. In Craven 
County, I found a crazy man incarcerated in a noisome, 
damp, cold dungeon : "placed there for safe keeping!'' 
His condition was very wretched ; and his prospects of 
relief and appropriate treatment no better: if left there 
he must become a confirmed madman* 

In a dark, dreary and filthy dungeon, in Northampton 
County, I lately found an insane man who had been con- 
fined closely for several years. I did not persevere in en- 
tering this dungeon, though I examined others corres- 
ponding with it in dimensions, but cleanly kept. The 
keeper doubted the safety or decency of opening the 
doors , and no advantagc3 could have been derived from 
doing so, merely to attempt the near survey of a place, 
that must assure permanence to disease ; and agravation 
to bodily and mental disability. I am disposed to believe 
that the keeper conceived himself in the performance of 
his duty, to the extent such means as he possessed allow- 
ed. This case I recollect, was repeatedly described, be- 
fore I reached Jackson, by humane and intelligent citi- 
zens in adjacent Counties, better possessed of facts than 
myself, and speaking from personal observation of his 
sufferings, noted in professional calls at the jail, during 
the session of the Courts. 

If Jails are unfit institutions for the treatment and re- 
straint of the Insane, County poor-houses are but a de- 
cree, if indflpd. at all more suitabK 



13 

At the present time, there are no insane persons either 
in the Jail or poor-house of Wake County, but a conside- 
rable number of individuals in private families, in more 
or less suffering and exposed states, according to the abil- 
ity of their friends to provide for them, and several are 
wandering at large, gathering a precarious subsistence, 
and not safe to be trusted with their liberty. The case 
of several requires prompt care One woman, whose pro- 
pensities are homicidal, resides with her family, to their 
manifest hourly peril. 

The Jail of Orange is well built, and was in good order 
comparing well with the best kept Jails in the State. 
The reverse exists, in regard to the poor-house, which 
was neither clean nor comfortably furnished. I believe, 
sufficient food is supplied, and in sufficient quantities. 
A little expenditure by the County, and a little care, 
would render the establishment more comfortable. 
There were six insane ; three in close confinement, and 
much excited. The most violent, a man long a maniac 
and caged, was clean, but so noisy as to disturb all on 
the premises ; a large part of the time, the room in which 
his cage was built, could be made light, but was com- 
monly dark and close, " to keep him more quiet!" A ne- 
gro girl, a most pitiable case, was in the opposite build- 
ing ; and a white woman also, in a separate compart- 
ment, vociferous and offensive in the extreme. In the 
passage, between their cells or cages, was a stove in which 
fire was maintain? d. when necessary. The place was 
Very offensive. The keeper could not altogether be 
blamed for this ; he was hired to direct a poor-house, and 
not qualified to rule a mad-house, and should not be ex- 
pected to do it. Very many cases of insanity, in various 
conditions, exist in this Count}'. 

In Granville County poor house, is an unfortunate man, 
who for years has been chained to the floor of a wretched 
room ; miserable and neglected, his now deformed and 
palsied limbs attest the severity of his sufferings through 
these cruel restraints ; flesh and bone are crushed out of 
shape by the unyielding irons. He was a man of good 



M 

character, industrious, frugal habits ; a good citizen, and 
respectable as respected ; he became insane, and soon 
the malady assumed a maniacal character : he was car- 
ried to the poor-house, loaded with chains, and left like 
a wild beast to live or perish ; no care was bestowed to 
advance his recovery or to secure his comfort ! 

Caswell Jail was in good order, safely constructed, and 
vacant of prisoners. The family of the keeper reside in 
the building. The county poor-house establishment, not 
distant from Yanceyville, consists of a series of decent 
one story buildings, kept remarkably clean and neat, and 
reflecting credit at once upon the county, and those who 
have the immediate charge. Of the four insane residents 
here, two were in close confinement; a woman in a room 
of sufficient size. Who was in a highly excited state. 
The insane man was in a sort of stall or cage, and at the 
season of my visit the place was clean. The noise, per- 
versity, and bad habits of the>se unfortunate persons was 
a source of much discpuiet in the establishment. 

In illustration of the blessing and benefit of Hospital 
care in cases long and most cruelly neglected, I adduce 
the following examples recorded by Dr. Hill, and corres- 
ponding with many cases under my own immediate ob- 
servation since 1840. "Two patients," writes the Dr. 
'•were brought to me in 1836, who had been confined in 
a poor-house^between eighteen and twenty years. During 
this period they had not known liberty. They had been 
chained day and night to their bedsteads, and kept in a 
state so filthy that it was sickening to go near them. — 
They were usually restrained by the strait- waistcoat, and 
with collars round their necks, the collars being fastened 
with chains or straps to the upper part of the bedstead, 
to prevent, it was said, their tearing their clothes. The 
feet were fastened with iron leg-locks and chains. One 
poor creature was so wholly disabled by this confinement, 
that it was necessary for the attendants to bear her in 
their arms from place to place after she was brought to 
the Hospital; she shortly acquired good habits, and was 
long usefully employed in the sewing-room. The other 



15 

was more difficult of management, but soon gained clean- 
ly habits, and now occupies herself in knitting and sew- 
ing, and that, after having been treated for years like the 
lowest brute. Another case was brought in chains, high- 
ly excited ; five persons attended her; in six days all re- 
straints were removed ; and she walked with her nurse, 
in the patients' gallery. In June, she was discharged 
from the wards quite cured, and engaged as assistant in 
the kitchen. 

The Jail of Rockingham is in tolerably good order, the 
poor-house, but a short distance from Wentworth, is sin- 
gularly neat, and well-ordered ; the inmates sufficiently 
well-clad and very neat and respectable. The build- 
ings require repairs. The house is well kept, but more 
comforts might well be supplied. 

The Jail of Stokes is in tolerably good condition, but 
badly constructed for the admission of light and air 
in the dungeons ; there should be a stove in the passage, 
to dry the walls in damp weather. 

The poor-house about three miles from Germanton, 
is extremely comfortless, the apartments are entirely too 
much crowded, and the arrangements are not suited to 
promote the comfort or good order of the inmates. — 
Rooms of the poor all ill-furnished and out of repair. 
Residence of the Superintendant very neat and comfort- 
able. There was one insane woman then at liberty but 
often confined in a cell, in all respects, uufit for one in 
her condition. I cannot forbear the remark, that when 
not in close confinement, she was very improperly situa- 
ted in the room she occupied. There were several oth- 
ers in the house in a demented state. 

The Jail of Surry, is an isolated old two-story wooden 
building, and in some parts dilapidated ; the poor-house 
is about three miles from Rockford, the Superintendent 
resides in town, and keeps several negroes to look after 
the poor, of whom there were in September, about 30. 
There were no insane in close confinement:, but two who 
are allowed the freedom of the place. 



16 

The jail of Guilford, is isolated, but very well built 
and well kept : in addition to the dungeons ,and other 
strong rooms, was the unusual provision of a large chap- 
el room lor religious services, when circumstances should 
make it desirable to hold such therein. The old poor- 
house several miles srom Greensboro' is about to be 
abandoned, being utterly comfortless and out of repair. 
New buildings on the Hillsboro road are .nearly com- 
pleted, and there is no doubt that the establishment will 
be in all respects well-ordered, and fitly conducted. 

The jail of Davidson, a new, secure, and substantial 
building was found in excellent order ; the common mis- 
take of insufficient air and light in the dungeons exists here. 
The County poor house about six miles from Lexing- 
ton, was pretty well ordered, but too little visited. The 
supplies of food and clothing seemed sufficient for both 
health and comfort : but there, as elsewhere, the insane 
were out of place, and in a bad state. For this no blame 
is to be attached to the superintendant, so far as I could 
judge. One very crazy man was chained to his bedstead ; 
he was noisy, filthy, and truly repulsive. A crazy wo. 
man, but quiet, was rolled in a quantity of soiled bed 
clothing. These like many others would be useful, and 
decent in their habits, if resident in the hospital expressly 
designed for the insane. Besides these are two demented 
patients. 

Rowan jail, on the first floor of which resides the jail- 
or, is a substanial building — not clean when I saw it ; 
chiefly commended, I was told, as a secure prison. An 
insane man has recently been committed here. The poor 
house about two miles from Salisbury, requires so much 
to render it comfortable that it would be difficult to know 
how to enumerate its deficiencies : the house occupied 
by the keeper was quite the most comfortless abode, that 
I have seen in North Carolina, except repaired, certainly 
not habitable for the winter. No insane man in con- 
finement in this institution. 

Iredell jail, is isolated and had just passed into the 
charge of a newly appointed officer, it would hardly be 



17 

just to remark severely upon its very dirty and neglected 
condition. The County poor-bouse, a few miles from 
Statesville, is situated in a singularly secluded spot, re- 
mote from supervision and often observation, and is a 
model of neatness, comfort, and good order ; having a 
most efficient master and mistress, especially the latter, 
upon whose cares in these institutions by far the most is 
dependent. All in all, this was in much the best condi- 
tion of any poor-house I have seen in North Carolina, 
neat, plain, and decent, it would do credit to any State ; 
but it is no fit place for the insane. Since I* was there, 
in September, a highly respected citizen writes me that 
a young woman has been sent to the poor-house no vio- 
lently insane, that it is quite unfit she should remain 
there. Also a man has in that County, very recently 
become so violently mad as to be quite unmanageable, and 
having no Hospital in the State, they have confined him 
with, chains and manacles, hand and feet, and do as bes c 
they can. A subscription paper has been circulated for 
the purpose of raising funds to send him to Columbia, 
S. C. Other painful cases exist in this, as in the counties 
which I have visited, and from which I have heard; most 
of which I do not feel at liberty, through their domestic 
and social position, to designate ; but they plead in 
heart-reaching language for the early establishment 
of a State Hospital. 

Wilkes jail is an old building, and so far as the jailor 
is accountable, is well kept : it is isolated, and a wretch- 
ed place whether for the prisoner, or the insane who are 
sometimes confined here. There is no poor-house in this 
County. Five or six cases of insanity have been report- 
ed tome. One, a man named Dowell, is said by a re- 
spectable physician of Wilkesboro' to have been crazy 
for more than 12 years: the malady is gaining fore© 
gradually, and now exhibiting itself in furious mania; 
he is a very dangerous person to be at large, has proved 5 
himself to be mischievous, and once 'attempted to 
commit homicide. 

3 



13 

The Jail of Caldwell is well built, was in good order, 
and has sufficient light and air in every part. There are 
no violently excited insane in the poor house, which is 
some miles from Lenoir, and but few cases in the County. 

In the Jail of Davie, is one insane man ; in the poor- 
house beyond Mocksville, I was informed, was a case of 
insanity truly pitiable, beside many others in the County. 

The Jail of Bertie is an exceedingly well built edifice, 
sufficiently lighted and aired, and well-kept ; the Jailor 
and family reside on the first floor ; the County poor- 
house, about three miles from Morganton, is not well sit* 
uated ; the buildings are out of repair, and ill-arranged 
within, for either comfort or convenience in timesof sick- 
ness or of health. I should think that the Superinten- 
dent was kind and faithful in the discharge of all his du- 
ties towards the poor. Here as in most of the poor houses 
in North Carolina religious services are frequently holden. 

The jail of McDowell, like most of the County prisons 
in this part of the State, I found well built and well kept ; 
there is no county poor-house in or near Marion , and 
my inquiries reached but few insane in the County. One 
man often violently excited, but ordinarily for the last few 
years so tranquil as to be at large, I found beyond Plea- 
sant Gardens. At one time he was closely shut up. 

The jail of Buncombe is a large substantial building ; 
formerly there was a county poor-house six or seven miles 
from Asheville, but its remote situation and serious dis- 
comforts through bad management led to the entire break- 
ing up of the establishment some time since. A plan suc- 
ceeded this, somewhat original,which when I was in Ashe- 
ville, had not been fully carried into effect; having no 
perception of its merits and claims to commendation, I 
shall dwell but slightly upon the subject, merely stating 
on authority of several of the citizens, that it was con- 
sidered in constructing the new jail, expedient to make it 
of sufficient capacity to accommodate at one and the same 
time and place, the vagrants and felons of the county, and 
the unfortunate poor. The enclosed yard, "at present 
unimproved," is of sufficient extent to permit the erection 



19 



of additional buildings "if needful." "It is belived," said 
my informant, "that the wardens and overseers consult e- 
conomy by this arrangement in various ways, especially as 
one man can keep the prisoners and the poor, saving the 
cost of hiring a second individual for the latter service." 
"But one pauper has been sent to jail, and he ran away 
dissatisfied with his quarters, in about three weeks." 

Rutherford jail is an old and poor building, but now 
serves sufficiently of the County. It is quite isolated ; 
but the jailer seemed fitted to fulfil his duties with hu- 
manity and fidelity. The County poor-house, a short 
distance from Rutherfordton, is not so comfortable as 
respects the buildings and furnishing as it should be 
made. The Superintendant seemed a favorite of the 
poor there. 

Cleaveland Jail is excellently built, cleanly kept, and 
the Jailer, as should always be arranged, resides in one 
part of the building, having thereby the more immediate 
and efficient care of the prison. The County poor-house 
about three miles from Shelby, is a small but neatly kept, 
and seemingly comfortable establishment. It seemed to 
me that the Superintendent received an insufficient re- 
compense for the difficult charge the situation of several 
of the inmates involved. 

Lincoln Jail is a well-built, well-planned prison, well 
arranged, and apparently well kept. The poor-house, 
several miles from Lincolnton, had but three inmates in 
October ; their condition was uniformly represented as 
not good, and the establishment described as being ob- 
jectionable. Perceiving influential citizens, prompt to 
admit existing evils, I did not personally visit it. No in- 
sane at present are confined there. Several in distressed 
conditions in the County, in private families. 

Gaston Jail is as yet unfinished, but appears to be a 
well-planned building. No poor-house in or near Dal- 
las ; but one such needed for the County poor. Several 
insane in the County. 

Mecklenburg Jail is remarkably well planned and well 
built, but less well kept than are most County prisons in, 



20 

Xorth Carolina, as pespfects cleanliness. The County 
poor-house, several miles from Charlotte, was nearly de- 
serted in October, having but two of the County poor ; a 
partially insane woman, and a paralytic man. 

Cabarrus Jail is a large, well constructed building — in 
tolerable order ; the Jailor occupies commodious apart- 
ments upon the first story.' The County poor-house about 
two and a half miles from Concord, is very deficient in 
means for promoting the comfort of the infirm inmates. 
In a miserably dilapidated out-building, perhaps ten feet 
square, open on all sides to the ingress of the winds, rain, 
and snow, I found a crazy man chained to the floor, filthy 
and disgusting. At times he is suffered to go at largo, 
but is at once troublesome and dangerous to those he 
meets, or whose house he frequents. In a Hospital, this 
crazy man would, under judicious care, be able to per- 
form more labor than would suffice for his own mainten- 
ance. I did not visit the insane scattered in private fam- 
ilies. 

Stanly Jail is a small new building, neat and secure, 
but the dungeons so planned and constructed as almost 
to f assure the destruction of health to any who might be 
long in detention : there is hardly a possibility for the 
admission of sufficient air to support the absolute demands 
of the animal structure. There are in the County seve- 
ral cases of insanity requiring; Hospital treatment. At 
present, there is no poor-house in or near Alberriarle. 

Montgomery Jail, like that of Stanly, is a neat sub- 
stantial building, and well-kept, but not well planned 
for health, as respects the admission of light and air, 
though it assures security. 

The County poor-house, at Lawrenceville requires, it 
appeared to me, much more careful attention on the part 
of the Wardens, to supply comfortable and necessary at- 
tendance upon the aged and infirm, who alone occupy 
the buildings. Nothing could be more creditable to these 
feeble Women than the neatness and care with which 
they kept their apparel and their apartments. An in 
wane man had brrn removed to some other situation in the 



21 



County. Several cases of insanity were related tome 
on authority. 

Moore jail .seemed a secure prison; its want of cleanli- 
ness was excused on the ground of there being no pris- 
oners, and being occupied as a lodging for servants. 
The dungeons, which did not serve this use, were by 
comparison with the majority of prisons in the State, in 
bad order. The County poor-house, not distant from 
Carthage was excellently kept by a conscientious and 
kind-hearted family, to whose cares the comforts of the 
inmates are ascribable. rather than to the provision made 
by county officials. The buildings are much out of re- 
pair and unfit for winter habitation, or for stormy days 
at any season. The custom so worthy of entire condem- 
nation, that of setting off the poor in mass, by lots or sin- 
gly, to the lowest bidder exists in Moore County. The 
poor are fed, clothed, supplied with bed, clothing and fuel 
and waited on at the rate of 8 cents the day each ; a sum 
which cannot pay those who undertake this charge. 
That I found the poor well supplied with food and well 
clad, I repeat was certainly ascribable to the liberality 
and Christianity of the present keepers, rather than to 
the just guardianship of the public. 

Cumberland jail is an old building, well lighted and 
well ventilated: it is said that more attention will be 
paid to the preservation of cleanliness than heretofore, 
the keeper and famly now residing upon the premises. 
The 'county poor house within three miles of Fayetteville 
is well situated, and apparantly excellently kept : clean- 
liness, that crowning excellence in house-keeping, prevail- 
ed in every room save one, and I imagine might with the 
exercise of a sufficient determination, be secured even in 
that. In a log building well constructed, and admitting 
sufficient light and air, planned so as to be warmed in 
damp and cold weather, were too small apartments for 
the insane : at the time I was there one room was vacant 
the other was occupied by a violently excited and noisy 
insane man, whose shouts and vociferations reached me 
at a distance from the poor-house. In a hospital this 



22 

poor creature';* energies would find exercise in useful em- 
ployment ; in a poor-house it is not to be expected that 
the superintendants should have the qualifications which 
pertain to a judicious control of maniacs: moreover 
the noise and disturbance these create, languish comfort 
and repose from the infirm, the sick, the dying , and the 
demoralizing influence, through use of profane language 
and additional evils. In this poor-house religious services 
are regularly and frequently holden, and one has evi- 
dence that the ministers of the various religious denomi- 
nations in the vicinity had not overlooked that scripture, 
M To the poor the Gospel is preached which foretold the 
advent of Jesus the Saviour, and comforter." 

The jail of Sampson is said to be decently kept. The 
county poor are said to be well clothed and supplied with 
wholesome food. Several cases of insanity have been 
related in this county 

The jail of Duplin is defective. The wardens of the 
county poor-house which is situated east of Warsaw, sev- 
eral miles from Kenansville, have the reputation of giv- 
ing uncommon attention to the temporal and spiritual 
comforts and consolations of the poor. Religious ser- 
vices are holden at the poor house. At present there are 
no insane persons there. 

The jail of New Hanover appeared to be tolerably 
well kept. It is a large commodious building. Too lit- 
tle light and air are admitted into the dungeons. The 
county poor-house on the confines of Wilmington is in a 
miserable and dilapidated condition ; fallen wholly from 
its former well deserved reputation of being one of 
the best Institutions for the poor in the county. Ap- 
parently the acting wardens are responsible for its de- 
cline. There are affecting and suffering cases of insani- 
ty in several private families in this County. 

Wayne jail is an old dilapidated building, shortly to be 
replaced by a new prison. Found in miserable condi- 
tion. The County poor-house several miles from Golds- 
boro\ seemed quite decently kept, and in many respects 
bore an air of comfort. There seemed to be neglect from 



23 

abroad in the attendance upon the sick ; several individ- 
uals were evidently suffering from want of medical ad- 
vice and prescription. This establishment is but seldom 
visited, and the comforts enjoyed seemed chiefly referable 
to the care of occupants. One of the poor, an insane 
man, had wandered away : an insane woman was so far 
controllable as to be steadily and usefully occupied. 

Lenoir jail, a very old and isolated building, but strong 
seemed pretty decently kept ; it has some very great de- 
fects of construction. The poor of the county are not 
numerous, by comparison with the adjacent Country. 

Craven jail, a very large brick building, promising ex- 
teriorly a better condition than the interior revealed. 
The dungeons were very bad, offensive, dirty, ill-lighted, 
and not ventilated. A very insane man, considered dan- 
gerous to be at large, was in one of them ; he was cold, 
exposed, and suffering ; his condition was such as to as- 
sure agravat ion, if not permanent confirmation of his 
malady. There are no means of maintaining either 
dryness or warmth in the passages or in the dungeons. 
The county poor-house, a short distance from Newbern. 
is well situated, and has the reputation of being well 
kept in general. The keeper's house, and several rooms 
occupied by the poor, were neat and well-ordered; others 
were in a poor condition. A Sunday school is taught 
here by persons from Newbern, whose Christianity is°il- 
lustrated in their practice of its precepts. There are here 
in Craven County, many cases of insanity. 

Beaufort jail is a neat brick structure ; the jailor oc- 
cupies the lower floor in front. The plan of the prison is 
not good, though it assures security when properly at- 
tended to. 

A letter received from a physician resident in Wash- 
ington, informs me that since I left that town a week 
since, an insane man in a state of high excitement, has 
been committed to the jail there for public security, and 
occupies a dreary, wretched cell. I cannot question the 
willingness of the jailor to perform his duty as humanely 
as possible ; but there is no mercy nor humanity in com- 
mitting the insane to prisons. 



21 

The unfortunate man above alluded to might, in a well 
ordered Hospital, undoubtedly in a short time be sufficient- 
ly recovered, if not cured, to pursue some useful and pro- 
fitable employment. 

Recently fifteen cases of insanity have been stated, ex- 
isting in this section of the State — that is in Beaufort, 
and adjacent Counties. 

An insane person with whom I was conversing two 
weeks since, dwelt with profound feeling upon the trials 
and sufferings she endured, conscious of her state, and 
sensible of all that occurred around her : that which most 
moved my feelings at the time was, the indescribable pa- 
thos with which she related the sufferings and hardships 
of a crazy man confined in the Jail in her native County. 
She concluded, " I, in my troubles, have friends — he has 
none. v 

The county poor-house not distant from Washington, 
and reached over a good road, is pleasantly situated, but 
in a spot well known for its unhealthiness, having been 
abandoned by the former owner of the property, for its 
liability to create fevers, and for the general insalubrity 
of the place. The establishment needs an efficient Su- 
perintendant, competant in mind and body to carry for- 
ward the interests of the place. Offering at first glance 
the appearance of a comfortable institution, it fails to 
show forth either private or public efficient and fit direc- 
tion. The sick and the children certainly suffer ; and 
those able to work need a director to insist upon their 
action. 1 found one woman here insane, but quiet. 

Pitt jail is a neat, two story building painted white ? 
and sufficiently large for present county purposes. The 
poor of this county are said to be well cared for. Sad 
and distressing cases of insanity were brought to my no- 
tice existing in private families, in conditions of extreme 
suffering and exposure, of which I do not feel at liberty 
to give the history. 

Edgecombe jail is a well constructed, isolated prison ; 
well and cleanly kept : its defects of plan and arrange- 
ment are fewer than ordinary in county prisons. I did not 



25 

visit the poor-house of this county established some dis- 
tance from Tarboro, but it bears a good reputation, and 
at present there are no violently excited insane there ; 
cases are known abroad in the county. 

Halifax Jail is a well built prison seemingly, though 
isolated, securely kept, but bears the reputation of being 
deficient in cleanliness. At present no insane detained 
there. The poor-house nearly three miles from Halifax, 
has much need of competent care, and efficient superin- 
tendence. Most of the inmates are aged and infirm. 
The buildings are well situated and conveniently plan- 
ned for the oocupants, but deficient^ furnished, except 
one room furnished by the individual who dwells in it. 
The sick need nursing, care, and comforts ; and all re- 
quire supervision. 

Northampton Jail is well-built, but defectively plan- 
ned — the dungeons, of which there are four, are insuffi- 
ciently lighted and ventilated, and however cold or damp 
are never warmed and dried. Here is an insane man con- 
fined for years in this dreary abode ; from his sight, the 
genial sun, the beautiful sky, and the green fields are 
forever shut out ; darkness, and foul air, and solitude, 
heaviness and misery are his portion. Kindred and 
friends are put far from him, and his acquaintance into 
darkness. May the merciful God compassionate those 
who are so cruelly abandoned by their fellow-men, and 
may no heavy retributions crush those, who so unhesita- 
tingly and unpityingly consign a helpless, crazed crea- 
ture, to such a hapless doom. 

The poor-house, a mile and a half from Jackson, con- 
sists of five dilapidated, unfurnished rooms, at pre- 
sent abandoned. The Superintendant who resides in 
a pleasantly situated comfortable house, distributes 
quarterly, to one hundred beneficiaries an allowance of 
meat, meal, and clothing, at a cost to the county of about 
32,500 00. Several insane poor, s and others in better 
circumstances are in this County. 

The jail of Nash is a small two story decent building ,- 
no insane now confined therein. The poor-house I had 
4 



26 

Bot time to viait, but understand it is comfortable Sever- 
al cases of insanity were reported to me existing in the 
county. 

Time would fail in the narration, even were it proper 
to unveil the miseries, protracted, and indiscribably va- 
ried, of the insane in private families, and the distress of 
families thrown into sorrow and trouble unequalled, 
through the affliction and sore perplexities arising out of 
care over the demented, the epileptic, and the maniac. 
A detailed description of their personal condition, horri- 
ble as it must be, could not present the half of the woes 
which exist in every county throughout North Carolina. 
Loathing and horror would overwhelm the reader, sue 
cessively introduced to dreary apartments, loathsome cells, 
and foul cabins, whence issue the most horrible sounds 
and poisonous effluvia, and wherein are spectacles of 
protracted bodily and mental misery language is poor 
to represent. 

Of the few examples of many ivhich exist, to which I 
shall now refer in private families, the following have 
quite recently come under my observation : A. poor but 
industrious farmer in the western part of this State, the 
father of a numerous family, became insane ; it was in 
vain to control him in his own dwelling, he was furious 
and he was conveyed to the County jail ; here his suffer* 
in^s were aggravated and his malady exasperated: I can« 
not tell for how long a time the lone dark dungeon echo- 
ed to his moans and cries, nor at what cost the county 
maintained human life, unaiding its sufferings and neces- 
sities. In process of time the paroxysms of violence sub- 
sided, and finally he was transferred to the humble log 
cabin of his aged widowed mother, a lone woman dwell- 
ing upon the mountains. There I found the infirm, af- 
flicted mother, and the insane son. Amidst tears and 
si^hs she recounted to me her troubles, and as she wept 
she said, " the Lord above only knows my troubles, and 
what a heap of sorrow I have had in my day, and none 
tofgive me help. There he lay in the jail, cold and dis- 
tressed, and mightily misused : if T could have got mo- 



27 

ney to send him off to where they cure such spells, for 
they do say crazy folks can be cured, I should have had 
him in my old age to take care of me, but I am poor and 
always was, and there is no help here. Ah well, many 
and many is the long night I am up with him and no 
sleep or rest, anyhow; this cant last always; I shall die, 
and I dont know what is to come of him then." It is 
for Legislators to determine whether such as these shall 
drag out troubled existences, and no succour until the 
Angel of death brings release, and seals the long record 
of'man's inhumanity to man." A respectable citizen in 
the same quarter of the county, by very "slow degrees lost 
his reason. First was a nervous restlessness, next un- 
wonted irritability, then a craving for stimulants, which 
Were in time used to excess, and quickened the malady, 
yet none then traced the real cause of the growing evil : 
but the type of a deranged intellect was shortly devel- 
oped beyond doubt, and in a few months the distress and 
trouble of the household knew no alleviation nor interval. 
Finally, removal from home, under most grievous cir- 
cumstances, ensued, and I have not long since been wit- 
ness to the afflictions of this worthy and respectable fam- 
ily whose efforts to sustain themselves are as affecting 
as praiseworthy. Had there been in North Carolina, a 
State Hospital, timely care might have secured a perma- 
nent cure. It is almost too late to assure this now, but >n* 
stead of restoration is life-long expense, and life-long 
suffering. 

In Lincoln County, near a public road, stands a decent 
dwelling ; near by is a log cabin, strongly built, and 
about ten feet square, and about seven or eight feet high ; 
no windows to admit light ; the square logs are compact- 
ly laid ; no chimney indicates that a fire can be kindled 
within, and the small low door is securely locked and 
barred. Two apertures at right angles, ten inches long 
by (our wide, are the sole avenues by which light and 
air are admitted within this dreary cabin, so closely se«* 
cured, and so cautiously guarded. You need not ask to 
what uses it is appropriated : the shrill cries, and tern- 



28 

pestuous vociferations of an incarcerated maniac will 
arrest you on the way, and if you alight, and so far as 
the light received as before described will allow, exam- 
ine the interior of this prison, you will discern a fero- 
cious, filthy, unshorn, half-clad creature, wallowing in 
foul, noisome straw, and craving for liberty. The horrors 
of this place may not be more definitely descibed ; they 
can hardly be imagined : the state of the maniac is re- 
volting in the extreme. This creature, is a man — insane 
for more than thirteen years — for a long time suffered to 
range the country far and wide, addicted to mischief and 
disposed to violent acts. For assuring public and pri- 
vate safety, his family have adopted the only alternative 
of confining him upon their own farm, rather than see- 
ing him thrown into the dungeon of the County jail. Of 
these two evil conditions, I confess, I see no choice. The 
family though enjoying the means of decent livelihood, 
when unburthened by extra expenses, have not the means 
of sending him to a distant Hospital. The rich may 
partake the benefits such institutions afford: the poor 
must suffer, agonize, and bear heavily out, by slow-kill- 
ing tortures, their unblessed life ! Are there no pitying 
hearts, and open hands that can be moved by these mis- 
eries ? 

Well and truly may it be said of the insane : whose 
sorrows are like unto their sorrows, and whose griefs are 
like unto their griefs? Friend and companion are re- 
moved far from them, and their acquaintances are hid 
from their view ! 

Of thirteen cases of insanity in and near Raleigh, thers 
is one to which my attention has within a few days been 
called, which especially illustrates the want of a Hospital 

for individuals in narrow circumstances. Mrs. — 

has for several years had rather feeble health. Some- 
time in February last, she manifested peculiar restless- 
ness by day and night, became agitated and nervous, and 
her mind was subject to strange and harrassing delusions 
From that time she became incapable of attending to'the 
affairs of her household ; neglected her child, and passed 



29 

most of the time night and day in traversing the small 
apartments of her dwelling. Her husband, dependent 
upon daily industrious labor for a decent support, found 
himself embarrassed by the distresses of his home and the 
claims of business. He is Satiable to pay her expenses at 
any Hospital ; meanwhile, she is sinking into a condition 
of hopeless and permanent insanity. She who was neat, 
modest, industrious, and kind, is now through this most 
afflictive malady, utterly transformed ; her garments are 
rent in tatters, her person neglected, her hair dishevelled, 
falls in tangled locks about her head ; her speech is no 
longer gentle, true and kind; but violent, profane, and inde- 
cent ; in that humble, once pleasanthome, is now neither 
peace, nor rest, nor security : there is constant danger of 
destruction by fire, and acts of personal violence often 
recurring, indicate the increasing liability to deeds in- 
volving fatal consequences : in train with these alarming 
manifestations, are symtoms of a suicidal disposition. It 
has been found necessary at times to confine her move- 
ments by the application of painful modes of restraint 
upon the limbs ; which, though preventing present mis- 
chief, continually aggravate the malady. Hospital treat- 
ment might restore this patient to her family blessings, to 
society, and to usefulness. 

Many cases of maniacal insanity have been removed to 
Southern and Northern Hospitals. Hitherto, North 
Carolina has been willing to be dependent upon other 
States for her afflicted children, while in possession of 
ample means to succor and heal their maladies within 
her own borders. But there are other objections to trans- 
porting patients to distant Hospitals for remedial care, 
beside the fact of encroachment upon the Institutions of 
other States. Expenses^are vastly increased in making 
long and always difficult journeys under circumstances so 
harrassing and painful ; and an experienced physician of 
a celebrated Hospital has informed me that the fatigues, 
excitement, and exposures of several patients, conveyed 
long distances, have within the present year resulted in 
death. Want of sleep and exhaustion, have reduced them 



30 

to the most dangerous condition before being received ; 
and not seldom depleting remedies injuriously adopted, 
have hastened dissolution. If there is cruelty and gross 
injustice in holding the insane in jails, poor-houses, and 
private families, there is serious risk of property and of 
life in leaving them to range at large. Plainly, there is 
but one remedy. 

In Aberdeen, Ohio, an insane man, left in the room 
where a little girl three years old was sleeping, in the 
absence of the mother, threw down the Bible which he 
was reading, seized an axe. and deliberately chopped the 
little victim into five pieces. 

In Rowan County, N. C, a maniac cut her husband's 
throat. In Wilkes bounty another beat her husband up- 
on the head so as to cause his death. In Rockingham 
an insane man killed his neighbor. A man in Kentucky 
killed two of his children, and attempted the life of his 
wife. Another in Indiana cut his wife's throat and gashed 
her face so that she died. Besides these, I recollect more 
than thirty similar cases in which homicide was attempt- 
ed and committed by individuals known to bo insane. 

1 adduce a few, from many thousand examples pn re- 
cord, which illustrate the benefits of Hospital residence 
and of remedial treatment of the Insane, in both curable 
and incurable cases. 

"There has been," writes Dr. Bates of the Maine State 
Hospital, "in this Institution for some years, an individ- 
ual whose family is strongly disposed to maniacal insan- 
ity. By many years neglect this patient became incura- 
ble ; the powers of the brain seem to exist in fragments. 
He is, and probably always will be a public charge. Two 
of his sons have been attacked, seasonably brought under 
treatment, and cured. These young men during the ab- 
sence of disease, were industrious and frugal citizens. 
They are both liable to a recurrence of the hereditary 
malady. If brought to the Hospital soon after each at- 
tack, there are nine chances in ten, that they will always 
soon recover and return to their occupations and former 
place in society ; ifneglectad until functional derange* 



3i 

ment changes to organic disease, they will become a pub- 
lic charge for life." These cases are selected plainly to 
illustrate the fact that economy not less than humanity 
calls for early and efficient action in assuring appropriate 
remedial treatment for the insane. 

Dr. Stribling, the excellent physician and friend of the 
insane, and Superintendant of the Western State Hospi- 
tal in Virginia, stales several cases of much interest in 
his published reports to the Legislature From these 
documents I quote the following examples : In IS42, a 
young gentleman, twenty-one years ot age, the son of a 
highly respectable individual who was formerly a prom- 
inent and efficient member of the Legislature of Virgin- 
ia, was brought to our Hospital. Possessed of a good 
natural understanding, improved by education and such 
other advantages as wealth had supplied, and with a dis- 
position uniformly cheerful, he was at all times a most 
interesting patient and companion. In the Autumn of 
1842, he was attacked with bilious intermittent fever, 
which although speedily arrested, was followed by de- 
pression and neglect of all accustomed duties and care of 
property. In about two months the mind became haras- 
sed by the most distressing delusions, such as being sur- 
rounded by foes who were plotting his destruction ; his 
friends were regarded as enemies, and he believed himself 
doomed to eternal punishment, &c. He remained in this 
state for some time, when suddenly he passed into the 
highest degree of cheerfulness and gaiety. Affection for 
his family revived ; he fancied himself by turns poet, 
philosopher, and statesman; at one time he was an angel 
in Eden, at another Noah defying the destroying flood, 
and finally he conceived himself the Creator of the Uni- 
verse. He was removed to the Hospital where the ap- 
plication of moral and medical means in a short period 
assured his recovery : he left us rejoicing in the blessing 
of restored health. 

A respectable gentleman who had been esteemed bv 
allXvho knew him, as an affectionate husband and father, 
a generous friend and worthy citizen, \vas received as a 



32 

patient ia the Western Hospital, in IS if]. He was a 
merchant, and through unavoidable misfortunes rather 
than ill management, sustained heavy losses: he became 
depressed, was. attacked with bilious fever, which left his 
health materially impaired ; after some months his friends 
became satisfied that his mind was seriously diseased ; evi- 
dences of insanity were multiplied ; he became maniacal 
and his family under the advice of an intelligent physician, 
placed him in the Hospital. He was feeble, emaciated, 
sleepless, and suicidal. His delusions varied, and were 
of a most distressing character. Demons seemed to sur- 
round him and to multiply their torments. In a short 
time his malady seemed to yield to remedial measures. 
His physical health improved; his mind gradually be- 
came tranquil ; one delusion after another disappeared ; 
his spirits revived, and soon he was pronounced cured, 
and returned to his family, and to his business, a cheerful 
and happy man." As he was from that class of society 
which possesses extensive influence, and who in this part 
of the country, unfortunately, are too apt to regard insti- 
tutions for the insane with aversion, and who consent to 
place their afflicted friends therein only when all other 
means have failed, and all other sources of hope cut ofl", 
it may not be amiss to quote a passage from one of his 
letters received by a friend after his recovery and by him 
communicated to his physician, 

\f^'\ am truly happy to inform you that my health is now 
perfectly restored. I cannot say too much in praise of 
this institution, nor too earnestly express my gratitude to 
my friends for having placed me here. Instead of a 
place approximating to a prison, as I once considered it, 
when influenced as many are by ignorance and preju- 
dice I now view the establishment iu the light of a 
pleasant hotel. 1 gratefully acknowledge comforts sup- 
plied and kindness received." 

"Last year the wife of a respectable and independant 
farmer was brought to the Hospital in a most painful 
condition. She was endued by nature with a clear and 
vigorous intellect, being emphatically, a strong-minded 



m 

woman," remarkable for' her industry, discretion, and 
good management. She had not encountered those diffi- 
culties and disturbing cares that often wear out 4 the 
heart, but had led a life of peace and enjoyment. Some 
time in the year before insanity was manifested, her 
strength seemed to diminish without apparent cause* 
Finally her mind became a prey to the most harassing 
delusions; she fancied herself given over to everlasting 
condemnation : believed herself the destroyer of a friend ; 
attempted suicide, and after six months lost in unavail- 
ing attempts to restore her, she was placed in the Hospi- 
tal at Staunton. There was a continual conflict between 
her feelings and her reason, her affective and her 
intellectual faculties, which rendered her case one of 
care and interest. In a few months she was perfectly 
restored. 

In 1843, a young lady of cultivated mind and accom- 
plished manners sunk into a state of agitated depression. 
Change of scene, cheerful society, exercise and medical 
skill were employed in vain. Her affections towards her 
friends passed into indifference, and so to settled aver- 
sion. To her distempered fancy her husband, parents, 
and sisters appeared transformed to demons. The dis- 
tressed mother could not see her child transferred to a 
Hospital, and long resisted the entreaties of wise-judging 
friends. The disease became for seven months continu- 
ally more aggravated, till finally amidst lamentations 
and anguish her family consented to her removal. Her 
improvement was rapid, and restoration finally complete, 
and instead of distress at the thought of finding herself 
the inmate of a Hospital for the insane, she often exclaim- 
ed, " Oh why did not my friends place me sooner here." 
To a relative she wrote, "this is no prison, but a refuge 
for the distressed, where every comfort is furnished, and 
only the most soothing attentions experienced. I will 
ever cherish the most grateful recollection of this Hos- 
pital and of the excellent physician through whose skill 
by Heaven's blessing I am recovered " 
5 



34 

" A maw born of respectable and pious parents instruct- 
ed from his youth in lessons of morality and religion, 
grew up a peaceable, industrious, and u seful citizen. 
His disposition was mild and gentle, his feelings affec- 
tionate, and Ijis habits exemplary. The decease of his 
mother overwhelmed him with affliction : he fell into a 
state of what is termed religious melancholy, and grad- 
ually became agitated and furious ; suddenly attempted 
the life of his wife and children, killed one of the latter, 
and seriously wounded the others. He destroyed at a 
blow a neighbor, who attempted with others to secure 
him, and was at last with difficulty secured, and lodged 
in the jail, and shortly brought to the Hospital. Months 
passed and he continued excited and dangerous. Very 
gradually a change took place ; his habits improved ; his 
physical health improved, and from being one of the most 
loathsome and offensive patients ever introduced into 
the institution, he became decent, quiet, cleanly, and 
finally rational, peaceable, and in all respects well 
behaved. He remained in the Hospital five months af- 
ter the recovery of his reason, to ensure the safety of his 
return to society, and was finally, through the solicita- 
tion of his family and friends, upon their special appli- 
cation, discharged by the Court of Directors. Thus far 
his recovery seems to be permanent." The danger of 
delay in placing the insane under remedial Hospital 
treatment cannot be too strongly insisted upon. Hun- 
dreds and thousands of cases attest the cruelty and the 
folly of procrastination. However writers upon insan- 
ity, and medical men may differ upon some points, on 
this question all agree, and deprecate with forcible argu- 
ments the dangers of piocrastination. Esquitol, Pinel, 
Falret, Jacobi, Conolly, Bell, Brigham, Awl, Kirkbride, 
Stribling, and a host of others, have earnestly and re- 
peatedly enforced, and continue to enforce this truth ; 
and employ the most eloquent persuasions to induce 
friends and guardians to take advantage of Hospital treat- 
ment in the early stages of the malady. Willis, the cel- 
ebrated physician to George the III, dismissed the king's 



35 

family, courtiers, officers, and domestics ; procured stran- 
gers as nurses and attendants, and thus first succeeded 
in controlling the delusions* which distracted the insane 
monach. " To separate the insane from the objects sur- 
rounding them at the origin of the disease, writes M. 
Pinal, to entirely disconnect them from their habitual 
intercourse with their relatives, friends, and servants, is 
the imperative and indispensable plan for commencing a 
course of treatment which shall be attended with favor- 
able results:" and Falret, says, "it is demonstrated by 
repeated experience, that the kind of isolation preferable 
to all others, is that of an establishment especially devo- 
ted to the insane." "Few," writes Hallaran, "very 
few patients are found to recover under domestic treat- 
ment." There can be but one opinion as to the solemn 
duty of the removal and non-intercourse of the insane, 
with their intimate friends and family, and their familiar 
homes. The superintendant of an English Hospital 
writes in 1842, as follows: "In a large proportion of 
cases admitted the present year, owing to long detention 
by friends, or by parish officers, the prospects of recov- 
ery have been entirely precluded, and in successful cases, 
the period of treatment bears generally an accurate ratio 
to the prior duration of the disorder." The visiting com- 
missioners of the sane Hospital report, that "they cannot 
too strongly express their conviction, from experience, 
that the hope of cure is materially lessened, and not unfre- 
quenily defeated, by the delay which is suffered to take 
place in sending patients to the Hospital after first con- 
firmation of their malady." The physician of the York 
Retreat, states in an annual report, that v forty-nine years 
of experience establishes the fact of recovery of four 
cases to one brought under cure within three months of 
the first attack, while it is less than one to four in cases 
of more than twelve months duration when admitted." 
The superintendant of the Edinburgh Hospital shows 
that " to be treated successfully, insanity must be treated 
early ; ill founded prejudices, and false sensibility often 
operate to prevent this being done." These remarks are 



36 

as general and as often reiterated as are the establish- 
ment of Hospitals and the issue of reports emanating 
therefrom. Dr. Earle, shows from his experience in the 
treatment of the insane, that, " after the three first 
months of insanity are passed the probabilities of entire 
restoration rapidly diminish." Not only do delays in 
placing patients in suitable Hospitals involve the risk of 
permanently establishing the malady, but the safety of 
property and security of life is hazarded in a vast many 
instances. 

Dr. Gait records an example in point, as occurring in 
Virginia. An insane woman, the mother of a family, be- 
came so much the victim of distressing delusions, that her 
family perceiving danger from her being at large, took 
her before the justices for examination in view of placing 
her in the Hospital at Williamsburg. The following 
letter was addressed by one of these to the President and 
Directors of that institution. "Sirs — at the time an ex- 
amination was had into the state of Mrs. mind, she 

seemed so lucid that one of the magistrates, who had not 
seen her previously, dissented from the opinion of the 
other two. imagining that the public were in no danger 
from her going at large; and had the examination taken 
place one hour later, no doubt would have been felt upon 
the subject by that gentleman, as she became so furious 
shortly after, as to render it necessary to confine her in the 
public jail. After a few days she became importunate to 
return to her husband and children : and a call of her hus- 
band at the jail increased her supplications to be set 
free. He finally prevailed with the jailor to take her 
home, promising. to return the next day to give bond and 
security for her restraint and safe-keeping. In the night 
she rose unperceived, proceeded to the yard and pro- 
cured an axe. and after calling the servant who slept in 
the room, and finding him asleep, gave her husband ma- 
ny blows over the head, fractured his skull in seve- 
ral places, and left him senseless. .She left the house 
and ran unremittingly for several hours ; affirmed her- 
'elf dead, and' declare*" 1 that she ha- been buried these 



37 

five year;. 1 have made these remarks to illustrate her 
case and assist treatment of the same." Another case 
occurring in Eastern Virginia, seems worthy of notice ; 
there are but too many parallel cases in North Carolina. 
The friends of the young woman referred to were in lim- 
ited circumstances, and even by making considerable 
sacrifices could not succeed in rendering her comfortable 
at home: they entertained the strongest prejudices 
ajainst Hospitals for the insane. She was violently ma- 
niacal, breaking in pieces and tearing every thing upon 
which she could lay her hands ; and vociferated perpet- 
ually in the most harsh and discordant tones. She was 
almost constantly confined in a small closet or cell con- 
structed in a small apartment in her mother's house : oc- 
casionally, for change, she was taken into the open air 
and confined to a tree by heavy chains. At the time she 
was removed to the Hospital, she had contracted the 
most loathsome habits, and had plucked the whole of the 
hair from her head. For more than two years she had ex- 
hibited a most pitiable spectacle, and every day her misery 
seemed to be increased. After several months residence 
in the Hospital, her improvement commenced: her recove- 
ry is slow, but it is hoped will ultimately be complete. 

In a report from Dr. Stribling, the following statement 
is on record : "Of all the cases received, ninety-txven 
were recent cases, of whom eighty-three were restored to 
reason ; fioe remaiu in an improved condition ; three are 
unimproved ; and six died before any opportunity was 
offered to test the use of remedies in their behalf. These 
results correspond with those of other institutions. Of 
one hundred and fifty-eight cases remaining in the Hospi- 
tal at Staunton in 1845. and in all probability doo.aied 
for life to endure the weary burthen of remediless dis- 
ease, how many might have been restored to reaso n, hap- 
piness and usefulness, had they been subject to early 
and appropriate moral and physical treatment. In ma- 
ny cases the morbid sentiment of friends led them to re- 
ject Hospital aid, and now the- care and skill arc all too 
late ' 



38 



The following Table, writes Dr. Allen of the Kentucky- 
Hospital, shew the Cases of less than One Years Duration 
admitted into the Asylum, from July 1st, 1836, to Septem- 
her 30th, 1 847 ; the Number of those cured, Relieved, Un- 
improved and Died, mid the Per Cent, of Cures to Admis- 
sions and Discharges. 



ADMITTED. 


Recov- 
ered. 


Reliev- 
ed. 

13 
29 


Unim- 
proved. 



8 
o 


Died. 


Per ct. of 
Cures to 
Admissions. 


Per ct. of 

Cures to 

Discharges. 


Males, 127 
Females, 73 

200 


94 
51 


9 

7 


74.15 

69.86 


91.23 
87.93 


145 


10 


16 


72 05 


90.62 



"I have intimated," says the same judicious physician, 
"that such public institutions for the insane, as afforded 
every facility for their successful treatment, and such as 
to invite the early committal of them to Asylum discipline, 
were demanded on the score of economy. I would not, 
in the mean time, have it forgotten, that the illustration 
of this position, applies to persons who maintain their 
insane friends at private charge, as well as to the State." 



39 



The following Table shows the truth of the intima- 
tion, and the reason why it is so : 

A Table showing the comparative cost to the State of twenty old and twen- 
ty recent cases of insanity, illustrating- the importance, in an economical 
point of view, of placing such persons under treatment at on early period 
of their disease, and of providing every means of treating them success- 
fully in an Asylum. 



OLD CASES. | 


RECENT CASES. 






Cust of , 
each case 






1 


Cost of each 


.Yo. 


Age. 


"lime'spent 


at B5 dol- 


No. 


Duration before 


Time spent in 


oase at 1 dol- 






in A*} III III. 


lars per 


admission. 


Asylum. 


lar and tftjr 








annum. 








cents per week 


71 




47* 


20 years, ■ 


$•' 1,300 


1 


1 week, 


36 weeks, 


$54 00 


2 


48 


20 years, | 


1,300 


2\ 7 weeks, 


16 weeks, 


24 00 


3 


52 


17 years, 


1.105J 


31 3 months, 


32 weeks, 


4S 00 


4 


54 


16 years, 


1,140; 


4 2 months, 


40 weeks, 


60 00 


5 


47 17 yenrs, 


1,005 


5 2 months, 


20 weeks, 


30 00 


6 


46; 15 years, 


975 


6 


2 months, 


20 weeks, 


30 00 


7 


51 


14 years, 


910 


7 


3 months, 


12 weeks, 


18 00 


8 31 


13 years, 


845 


8 


1 month, 


20 weeks, 


30 00 


9l 33 


11 years, 


715 


9 


2 months, 


28 weeks, 


42 00 


10 


45 


12 years, 


780 


1-0 


3 months, 


24 weeks, 


36 00 


11 


37 


10 years, 


650 


11 


6 months, 


24 weeks, 


36 00 


12 


39 


10 years, 


650 


12 


6 months, 


32 weeks, 


48 00 


13 


33 


12 years, 


780: 


13 


4 months, 


28 weeks, 


42 00 


14 


45] 15 years, 


975 


14 


4 months, 


12 weeks, 


18 00 


15 


48 16 years, 


1,040 


15 


6 months, 


8 weeks, 


12 00 


16 


56, 12 years, 


780 


16 


1 month, 


8 weeks, 


12 00 


17 


44 13 years, 


715 


17 


2 months, 


24 weeks, 


36 00 


18 


47 


15 years, 


975 


18 1 month, 


20 weeks, 


30 00 


19 


36 


13 years, 


845 


19 


6 months, 


12 weeks, 


1 18 00 


20 


36 


9 years, 


5S0 


20 


1 month, 


20 weeks, 


j 30 00 




~r 


$18,030 








| $654 00 



Aggregate cost of 20 old ca 
ses, $18,030 00. 



OCS, c|llU|UOU uu. uimuim. 

Average time spent in Asy- | Average cost of each case, $3 
lum by!each, 14 years, ' 



Aggregate cost of 20 recent cases, $054 CO. 
Average time spent in Asylum, nearly five 
months. 

i case, &32 14. 



Average cost of each case, 
$901 50. 



Moral treatment of the insane with a view to induce 
habits of self-control, is of the first importance. Uni- 
form firmness and kindness towards the patient are of 
absolute obligation. The most exact observance of truth 
should be preserved in all intercourse with the insane. 
They rarely violate a promise, and are singularly sensitive 
to truthfulness and fidelity in others. They rarely for- 
give an injury and as seldom betray insensibility to kind- 
ness and indulgence. Once deceived by a nurse or atten- 



40 

dant, they never a second time bestow their confidence 
upon the same individual. 

Moderate employment, moderate exercise, as much free- 
dom as is consistent with the safety of the patient, and as 
little apparent anxious watchfulness', with cheerful so- 
ciety should be sought. The condition of the patients 
most determine the number of nurses in a ward. The 
general opinion is holden that all patients do better with- 
out special nurses, wholly devoted to their care. 

•'The proper mental and physical employment of the 
insane," says 'Dr. Kirkbride, " is of so much importance 
that the full treatment of this subject would be to give 
at once a treatise on the insane and on insanity. What- 
ever it maybe, it must embrace utility, and it is well to 
combine both physical and mental occupation. Active 
exercise in the open air, moderate labor in the gardens, 
pleasure grounds, or upon the farm, afford good results. 
Short excursions, resort to the work shops, carpentering, 
joining, turning, the use of a good library &c. &c M are 
aids in advancing the cure of the patient." Sedentary 
employments are not in general favorable to health. 
The operations of agriculture seem liable to the least 
objection. There is a limit to beobserved in the use of 
labor as a moral means; for there are always some pa- 
tients to whom it is decidedly injurious. This effect is 
manifested ofienest in recent cases. 

Dr. Ray says that it is an error to suppose that, the in- 
sane can labor as productively and as uniformly as the 
sane man. The working hours of a patient should sel- 
dom exceed six or seven per diem, and not seldom work 
is altogether intermitted. 

The manner in which labor exerts a beneficial in- 
iluence upen the insane mind differs no doubt in different 
forms of the disease. In highly excited patients the sur- 
plus nervous energy will be consumed, if no other way is 
provided, in mischief and noise ; but let it be expended in 
useful labor, and although the work may not always be 
perfectly well done. yet the patient thinks it is, and ex- 
periences the gratification of having done what he be- 



41 

lieves is a good thing, and consequently, so far as it goes 
it is beneficial. 

This sentiment of satisfaction in being useful, the 
guardian of the insane cannot too carefully watch over and 
foster, since it conducts to self-control and self-respec*. 
Incurables who are able and willing to work, are much 
more contented and enjoy better health when employed. 
Even some of the most demented and idiots ar<* 
found capable of doing something. A young man be- 
came a raving maniac, and in three months was convey- 
ed to the hospital, but was already declining into idiocy: 
soon complete imbecility supervened. He was classed 
with the idiots in the institution ; and considered as past 
hope of benefit or cure. One day he was observed to 
amuse himself with some rude coloring and odd figures 
upon the walls of his room. He was supplied with col- 
ours, brushes, and canvass, and soon commenced a por- 
trait : he was now roused, and eager to accomplish his 
new and attractive work. He was encouraged to renew 
and repeat his attempts, and finally his mind was 
restored to its early and rational condition. Thus, care- 
ful attention to the daily state of the patient, suggested 
a method of treatment which resulted in a decided cure. 
The diseased organs were suffered to rest and their re- 
cuperative energies recovered action. 

The physician of the hospital at Staunton, in a report 
of his institution, says, that during the past year, the 
men patients were chiefly employed in cultivating the 
farm, working the garden, improving the gronuds, con- 
structing fences, cutting wood, and attending to stock. 
The women were engaged in sewing, knitting, spinning, 
and assisting in various departments of house- work, and 
other occupations and recreations suited to their sex. 

" A patient, insane for more than ten years, and be- 
yond hope of recovery, considered dangerous to the pub- 
lic safety, and therefore detained at a hospttal, converses 
incoherently and raves wildly, yet finds constant and pro- 
fitable employment upon the farm ; has charge of a 
stock of cattle and hogs and is scrupulously'faithful in the 
discharge of his duties. Instead of confinement in a 
county jail, from whence he was removed to the Hospi- 
tal, in a most filthy, and abject condition, at a cost of 
little less than three hundred dollars per annum, he is 
here a genteel, orderly, and industrious individual, cheer- 
ful, happy, and useful : his labor more than pays all his 
expenses, and supplies him with sufficient iudulgenciea." 
6 



42 

Pricltard, in 3 work on insanity, says that '"atthe Rich- 
mond Asylum, out of 217 patients, 130 were actively and 
usefully employed viz: 18 in gardening, 16 in spinning, 
12 in knitting, 18 in needlework, 12 in washing, 16 in 
carrying tools, white-washing the wards, tailoring and 
wearing ; and 12 were learning to read." 

The following table exhibits the results of productive 
labor last year upon the Bloomingdale Hospital farm near 
JNew York, S or 10 acres being only cultivated. 



Potatoes, 1952 bushels, 


900 bushels, sound, at $0 75 | 


675 


DO 


Sugar Beet, 


180 « 


it 


37 J 


67 


50 






Blood Beet, 


100 '« 


R 


50 


50 


[)0 






Turnips, 


460 " 


(( 


31} 1 


143 


75 






Carrots, 


28 " 


U 


050 


14 


UO 






Parsnips, 


120 « 


« 




60 


00 






Onions, 


45 " 


N 


75 


67 


50 






Corn, 


150 " 


(I 


374 


56 


25 






Egg Plant, 


20 " 


H 


50 


10 


00 






Radishes, 


125 « 


K 


1 00 


125 


00 






Beans, 


120 " 


K 


50 


60 


00 


" 




Peas, — 


65 " - 


«. 


-0 75 


48 


75 






Punkins, _ 


75 " - 


u 


37J 


28 


12 






Squashes, _ 


130 " 


M 


" 


48 


75 






Spinach, 


210 " 


It 


75 


157 


50 


„ 




Asparagus, 


40 " 


(( 


3 00 


120 


00 






Tomatoes, 


140 " 


H 


50 


70 


00 






Cucumbers, 


100 " 


ti 


75 


75 


00 






Nasturtiums, 


1 " 


it 


2 00 


2|00 






Peppers, 


4 « 


u 


75 


3 


00 






Rhubarb, 


52 « 


« 


2 00 


104 


01 






Citron Melorj, — 


75 " 


(( 


10 


7 


50 


1 




Celery, 


2500 heads, 


«( 


3 


75 OOj . 




Cabbages, 


3000 !' 


It 


G 4 


120100 




Leeks, 


1000 « 


It 


o 04 


5 


00 






Salsify, 


2000 " 


u 


1 00 


20 


00 






Lettuce, 


4000 " 


CI 


2 00 


80 


00 


1,293 


62 


Hay, 


40 tons, 


c: 


10 00 


400 00 






Pork, 


1296 pounds, 


ic 


6 


77 


76 






Butter, 


663 " 


it 


25 


165 


75 






Milk, 


4488 gallons, 


(( 


16 


718 


08 






Eggs, 


30 <? dozenj 


« 


I2j 


37 


85 






Poultry, 


150 lbs. 


« 


6 


9 


00 


1,408 


47 


PRTJMS. 






Apples, 


200 bushelSj 


It 


50 


100 


00 






Pears, 


20 " 


II 


1 00 


20 


00 






Cherries, 


150 " 


u 


1 00 


150 


00 






Currants, 


25 " 


ft 


1 00 


25 


00 






Peaches, 


15 « 


(( 


1 00 


15 


00 






Grapes, 


1200 pounds, 


11 


*0 6* 


75 


00 






Strawberries, 


8 bushels, 


(. 


2 00 


16 


00 


401 


00 


Total, 


$4,108 


09 



The able and distinguished Superintendant of the 
Rhode Island Hospital writes, that "no form of labor ap- 
pears so well calculated to promote the comfort and res- 
toration of such patients as have had habits of employ- 
ment, as working on a farm, and no institution can fully 
accomplish these purposes without plenty of land, and at- 
tendants to assist in cultivation." All patients, whether 
snen or women, whose minds have been cultivated, and 
who have had habits of active industry and employment, 
possess high advantages in chances of recovery from at- 
tacks of insanity, over thejignorant, the indolent, and the 
inert. So also those whose habits have been methodical, 
and temperate in eating and drinking, have better chances 
of permanent restoration than those who possess their 
opposites. 

The standard of sound health is elevated by the disuse 
of stimulating: food, and of all intoxicating drinks ; and 
by avoiding the use of Tobacco in any forms. 

Stimulants even not inordinately used, excite to undue 
mental and physical action. It might seem that the Apos- 
tle of old. apart from the morale of life, had comprehend- 
ed animal physics when he exhorted brethren to adhere 
to "moderation in all things." 

•'We have a patient, writes the Superintendant of the 
Maryland Hospital, " who had for many months been in 
a state of profound depression from which no efforts on 
our part could rouse him. He had repeatedly attempt- 
ed suie'de. He was a farmer, and when well, was en- 
terprising, industrious, and devoted to the pursuit. He 
walked out to the hay-field, and after much persuasion, 
he was induced to amuse himself by mowing a little. 
Finding his-interest in the work increase, he continued to 
ply the scythe for two hours with short intervals. He 
now became cheerful and communicative ; ate with ap- 
petite at dinner; after which he expressed a wish to re- 
turn to the hay-field, where he continued mowing until 
evening. This labor was followed by a night of profound 
and refreshing sleep. The next morning he hastened to 
the field, and from that time was seldom unemployed ; 
his convalescence was rapid, and in about four weeks he 
returned to his lamily entirely restored. Similar cases 
are of frequent occurrence. Of ninety nine men patients, 
forty-five are habitually employed in useful work : And 
of fifty-seven women patients, all save eleven are for a 
great part of the time employed in the halls, in the kitchen, 
the washing and the ironing rooms, or in mending and 



44 

repairing garments and house-linen, and various sorts of 
needle-work. Thirty-eight of the women, and fifty-five 
of the men have been habitual readers, and find great 
benefit and satisfaction in the use of the library ; indeed 
several patients seem to owe their restoration to adopt- 
ing a regular course of reading and study. 

In our times, when knowledge is so widely diffiused, it 
seems almost superfluous to dwell upon the benefits of 
hospital treatment above all private and domestic man- 
agement. It cannot be questioned, that suppose know- 
ledge, experience, and all domestic arrangements favor- 
able, one might decide in favor of treatment for the insane. 
m their own families. This, however, cannot be assured 
even when all the appliances wealth may procure are at 
command, and therefore all persons who are familiar 
with these subjects, do not hesitate in advocating Hospi- 
tal residence for the insane of all conditions in society, 
whether rich or poor, educated or ignorant. Some ob- 
ject that associations of a painful nature may dwell upon 
the recollection of the recovered patient. Whatever ap- 
parent force this idea may possess, it is a well establish- 
ed fact that patients rarely entertain other than pleasant 
and grateful memories of their residence in well-regula- 
ted Hospitals. When these are not well organized, and 
wisely and carefully conducted, no patient under any cir- 
cumstances should be sent to them. 

Jacobi affirms that "the magnitude of anticipated evils 
has been greatly exaggerated" ; "as regards these," he 
says, "I can positively affirm that of six hundred cases 
which I have had the opportunity of accurately exami- 
ning in this establishment, (that of Siegberg, in Ger- 
many) I have never witnessed a single one in which the 
patient sustained an}' material injury from his residence 
in the establishment as a lunatic asylum, or from any in- 
fluence exercised upon him by other patients. Such 
ideas only are true of badly ordered Hospitals and these 
may always be known from those of good organization. 
The time has gone by, 'thanks to Heaven, when the un- 
happy insane, could be cast into mismanaged Hospital?, 
and, as too often is the case, left, in jails, and poor-houses, 
festering in heaps of filthy straw, chained to the walls of 
dark and dreary cells, unworthy of solicitude, and vie 
tims of the idle and interested maxim*that iusanity is an 
incurable disease, and that insane people are unconsci- 
ous of the treatment they receive, and the cruel miseries 
to which they are so needlessly subjected. Much has 
been done, but more, much more, remains to be accon * 



plished for the relief of these sufferers, in our own United 
States, as in other countries. With a population rating 
at more than 22,000 000, our insane and idiots number 
at the lowest estimate 22,000 ; and not 4,000, at this time 
have the advantages of appropriate care in well organ- 
ized hospitals, or comfortable situations adapted to their 
condition and circumstances elsewhere. 

In 1844, the number of inmates in the hospitals of En- 
gland and Wales was 11,272. Additional accommoda- 
tions have been called for and provided to a large extent. 
The oldest hospital founded in England is that of Beth- 
lem, which king Henry the VIII presented to the City of 
London, in 1547. 

There are twenty State hospitals, besides several in- 
corporated hospitals, for the treatment of the insane, in 
nineteen States of the Union, Virginia alone having two 
government State hospitals. The following is a correct 
Hs% omitting several small establishments conducted by 
private, individuals, and several pretty extensive poor- 
house and prison departments. 

The first hospital for the insane in the United States 
was established in Philadelphia, as a department of the 
Penn Hospital, in the year 1752. This has been trans- 
ferred to a fine district near the village, of Mantua, in 
the vicinity of Philadelphia, since 1832 : number of pa- 
tients 1S8. 

The second institution recieving insane patients, and 
the first exclusively for their use, was at Williamsburg, 
Virginia, in 1773: number of patients 105. 

The third was the Friends' llospital, at Frankfort, near 
Philadelphia, in 1817: number of patients 95. 

The next was the McLean Hospital, at Charlestown, 
(now Summerville,) in Massachusetts, in^lSlS. This 
valuable institution is second to none in America. Num- 
ber of patients ISO. 

Bloomingdale Hospital, near the city of New York, 
was established in 1S21 ; number of patients 146 : South 
Carolina Hospital, at Columbia, in 1S22 ; number of pa- 
tients 74: Conneticut Hospital at Hartford, patients 122 
and Kentucky Hospital at Lexington, patents 247, in 
1824. 

In 1845-46, the legislature of Kentucky passed a bill 
to' establish a second State institution in the Green Riv- 
er country. 

Virginia Western Hospital was opened at Staunton in 
1*28; number of patients 217. Massachusetts State 
Hospital, at Worcester, was opened in 1833, and enlarge 



46 

ed in 1843 ; it'has 370 patients. Maryland Hospital, at 
Baltimore, was founded in 1834 ; it has the present year 
109 patients. Vermont State Hospital, at Battleborough, 
was opened for patients in 1837, and enlarged in 184G-'47 ; 
it has at present 320 patients. New York City Hospital 
for the poor, on Blackwell's island, was occupied in 1S38 ; 
it is now being considerably enlarged : above 400 pa- 
tients. 

Tennessee State Hospital, at Nashville, was opened in 
1839. According to an act of the legislature the present 
year, this hospital is to be replaced by one of capacity to 
receive 250 patients. In the old hospital are 64 patients. 
Boston City Hospital for the indigent, which has 150 pa- 
tients, and Ohio State Hospital at Columbus, were se- 
verally opened in 1839. The latter has been considera- 
bly enlarged, and has now 329 patients. Maine State 
Hospital, at Augusta, 1840; patients 130. New Hamp- 
shire State Hospital, at Concord, was opened in 1842. and 
has 100 patients. New York State Hospital, at Utica, 
was established in 1843, and has since been largely ex- 
tended, and has 000 patients. Mount Hope Hospital, near 
Baltimore, l844-'45; has 72 insane patients. Georgia 
has an institution for the insane at Milledgeville, and at 
present 128 patients. Rhode Island State Hospital open- 
ed, under the able direction of Dr. Ray, early in 1848. 
New Jersey State Hospital, at Trenton, 1848. Indiana State 
Hospital, at Indianapolis, will be opened in 1848. State Hos. 
pital of Illinois, at Jacksonville, will be occupied before 1849. 
The Lousiana State Hospital will be Occupied perhaps within a 
year. 

These institutions, liberally sustained as are most of them, can- 
not accommodate the insane population of the United States who 
require prompt remedial care. 

Such being the facts, one can hardly employ language too im- 
portunate, arguments too persuasive, to secure such increased 
accommodations for the Insane throughout the United States, but 
especially in those Statesin which no Hospitals have been eslab. 
lished, as shall assure their sufficient care and protection; their 
remedial treatment so as to procure recovery when recovery is 
possible; and their safely and guardianship in all cases wheie 
the terrible calamity of incurability crowds them forever from 
all the bland affections, and social enjoyments of domestic and 
friendly association. 

As ye would that others should do for you in like circumstan- 
ce?, so do ye for these helpless ones, cast through the Providence 
of God, on your sympathy and care ! Be the guardians and ben- 
efactors of those, who as a writer in the 17th century finely ex- 



47 

presses himself, '* are a particular rent charge upon the great 
family of mankind; left by the maker of us all like younger 
children, who though the Estate be given from them, yet the 
Father expected the heir to take care of them I" 

To see the mind once brilliant, and in the exercise of fino 
energies, obscured and inert ; or if quickened to action, trans- 
formed from the consistent bearing of a being possessed of ration- 
al understanding to the fury of a demon, or to the raging of an 
untamed brute — this is fearful, this is truly to behold the drain- 
ing to the dregs the cup of bitterness ! Oh with what ready 
zeal, with what wisdom and humanity should not every one di- 
rect himsalf to prevent miseries which no skill can wholly heal, 
6i of which no foresight nor prudence can prevent the recurrence. 

" Weep not pale moralist o'er desert plains, 

Strewed with the wreck of grandeur's mouldering fanes, 

Arches of triumph long with weeds o'ergrown, 

And regal cities — now the serpent's own ; — 

Earth has more dreadful ruins, — one lost mind. 

Whose star is quenched, has lessons for mankind 

Of deeper import than each prostrate dome 

Miugling its marble with the dust of Rome" ! 

Bereft of reason, mart loses every thing that renders 
life valuable. Naturally endowed with capacities for 
the highest enjoyment, he is suddenly through an attack 
of insanity, disabled from partaking the rational pleas- 
ures of life, and of exercising his noble faculties for his 
benefit or for the good of society. 

Though pkmged in the most profound grief, — assailed 
by every form of trial and misfortune, while reason is 
spared, hope may cheer his dreary hours, — and faith 
support him through every trouble ; but dethrone reason 
and he is utterly prostrate. The merest infant is not 
more dependant, on parental care, than is the maniac 
upon the tender ministrations of kindred or of friends. 
In an hour he becomes the beneficiary of humanity : the 
helpless ward of his fellow-men : him must nursing, and 
watching, and skilful cares surround, else is he the 
most pitiable of human beings — out-cast and forlorn- 
smitten of a terrible malady, exposed to sufferings, and 
woes, and tortures of which no language however vigo- 
rously combined can be the representation. Have pity up- 
on him, have pity upon him for the hand of God hath smit* 
ten him ! Talk not of expense — of the cost of support- 
ing and ministering remedies for these afflicted ones. 
Who shall dare compute in dollars and cents the worth 
of one mind ! Who will weigh gold against the price- 
less possession of a sound understanding ? You turn not 
away from the beggar at your door, ready to perish : 



you open your hand, and he is warmed, and fed, and 
clothed : will you refuse to the maniac the solace of a 
decent shelter, the protection of a fit asylum, the cares 
that shall raise him from the condition of the brute, 
and the healing: remedies that shall re-illume the templo 
of reason ? Who amongst you is so strong that he may 
not become weak ? Whose reason so sound that mad- 
ness may not overwhelm in an hour the noblest intellect? 

You will not, Legislators of North Carolina — Senators and Representatives 
of a noble State, you will not forget amidst the heat of debate, the clash of 
opinion, and the strife for political supremacy ; you will not forget the ma- 
jesty of your station, the dignity of that trust confided to you by the suf- 
frages of your fellow-citizens. 

It is not often thai you are solicited to exercise your functions in behalf of 
the unfortunate. That you possess the power, and now the opportunity of 
exercising a gracious, benignant, and God-like influence upon the present 
and future destiny of hundreds, nay of thousands, who pine in want and 
misery, under privations and sufferings, wearily borne through heavy months 
and years — the light of whose reason is quenched, and whose judgment is as 
the stubble upon a waste field ; this it is believed is a sufficient argument to 
determine your decisions in favor of justice, and of humanity, and of un- 
questionable civil obligation. 

As benefactors of the distressed whose mental darkness may, through your 
agency, be dispersed, how many blessings and prayers from grateful hearts 
will enrich you ! As your last hours shall be slowly numbered, and the re- 
view of life becomes more and more searching, amidst the shades of uncom- 
promising memories, how beautiful will be the remembrance that of the ma- 
ny of this life's transactions, oftenest controlling transient and outward af- 
fairs, frequently conducting to disquieting results, and sometimes to those of 
doubtful good, you have aided to accomplish a work whose results of wida- 
diffused benefits are as sanctifiying as they are permanent: blessing through all 
Time — consecrating through all Eternity ! 

Gentlemen, the sum of the plea of your Memoralist is embodied in the so- 
licitation for an adequate appropriation for the construction of a Hospital for 
the remedial treatment of the Insane in the State of North Carolina. 

Respectfully submitted, 

D. L. DJX. 

Raleigh, November, 1S48. 



V* 



[KOUSE_M*_eOMMONS_BqCUMENT, NO. S.] 

STATEMENT 



OF THK 



CONDITION 



OF THE 



ANK OF CAPE FEAR, 



ON 



THE 28TH OF NOVEMBER. 184& 



TO TH2 



Speaker of the House of Commons. 



RALEIGH: 

SEATON GALES, PRINTER FOR THE STATE. 

" HS4S- 

f 






,.i 



BANK OF CAPE FEAR, 

December 1st, 1S48. 

Sir: 

In pursuance of the provisions of the Act, incor* 
porating the Bank of Cape Fear, I have the honor to 
transmit, through you, to the Legislature, a Statement 
of the condition of said Bank, on the 28th ultimo. 
Very respectfully, 

Your obedient servant. 

THOS. H. WRIGHT, Pres% 
Hon. R. B. Gilliam, 

Speaker of the House of Commons. 



■ 21 



Bills and Notes discounted, 1,771,882 SO 

Bills of Exchange— Foreign, 239,336 92 

United States Stock and Treasury Notes, 250,000 00 

Due by Banks, viz : 
Union Bank, Boston, 739 70 

Massachusetts Bank. 218 24 

Merchants' Bank, New York, 3,510 95 
Bank of New York, 14,1.9179 

Bank of America, , 4,402 57 

Bank of North America, Phil., 2.129 62 
Farmers' and Mechanics Bank, 2.003 03 
Bank of the United States, 1S.448 S6 
Merchants' Bank, Baltimore, 146 40 

Bank of Virginia, 952 75 

Farmers' Bank of Virginia, 958 51 

South Western R. R. Bank, 22 86 

Bank of Hamburg. S. C, S46 Gl 

Merchants' Bank, Cheraw. 1 00 

Planters' & Mech's B'i^.Cha'ston. 5,352 57 
Bank of the State of N, Carolina: 
Fayetteville Branch, 7,000 00 

Tarboro' Branch, 1.076 21 

Elizabeth City Branch, S53 64 

Merchants' Bank of Newborn, 309 65 
Commercial Bank, Wilmington, 1,872 97 65,037 93 

Cash, viz : 
Notes of North Carolina Banks 

on hand, 90,190 00 

Notes of Foreign Banks on 

hand, ♦ 51,995 00 142,185 00 

Specie Gold and Silver change, 608,101 72 

Rvhl Estate, 70,737 J 8 



147.341 ** 



i#;» 
C 



STATEMENT, &c. 



Capital Stock, J, 500 00 

Bank Notes issued, payable at 

Wilmington, 7S2,808 50 

Fayette ville, 353,471 00 

Salem, 1S7.15S 50 

Washington, 243,314 50 

Salisbury, 292,102 50 

Raleigh, 56,8S0 50 

Ashe ville, 237,575 00 



2,153,370 50 
Notes on hand. 795,745 50 

Notes in circulation, J, 357,625 0ft 

Deposites, 192,334 9S 

Dividends unpaid, 430 0O 



Due to Banks, viz ; 



Bank of Baltimore. 1 ,05S 92 

Exchange Bank of Virginia, 1.749 01 

Bank of Charleston, 3,560 45 

Bank of the State of N. C. : 

Wilmington Branch, 2,903 95 

Newbern Branch. 175 51 9,447 9$ 

Contingent Fund for reserved 

Profits. 63,702 34 

Profit and Loss, 15,733 68 79.435 02 

in transitu, 8,078 6* 

$3,147,341 5* 



a 



RECAPITULATION, 



LIABILITIES. 

Capital, 1,500,000 00 

Circulation, 1,357,625 00 

Deposites, 192,334 98 

Dividends unpaid, 420 00 

Due to Banks, 9,447 90 

Contingent Fund and Profit and Loss, 79,435 02 

In transitu, 8,078 65 



$3,147,341 55 



Debt due by the Directors of the Prin- 
cipal Bank, and its six Branches, (45) $120,255 56 
Debt due by Stockholders, 170,316 50 



RECAPITULATION. 



RESOURCES. 

Bills and Notes Discounted, 1,771,882 80 

Bill of Exchange, 239,336 92 

United States Stock and Treas. Notes. 250.000 00 

Due by Banks, 65,037 93 

Cash, viz : ' 
Notes of N. Carolina Banks;, 90,190 00 
Notes on Foreign Banks, 51,995 00 

Specie, 608,161 72 750,346 72 

Real Estate, 70,737 18 



J,147,341 5i> 



H. R. SAVAGE, 

Cashier. 



[HOUSE OF COMMONS DOCUMENT, NO, 4,] 

A 
BILL 

TO 

INCORPORATE 

THE 

Charlotte & Danville Rail Road Company, 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE, 

1848. 



&T A2* 






The Committee on Internal Improvements to whom 
was referred the bill to incorporate the Charlotte and 
Danville Rail Road Company, have had the same under 
consideration, and have instructed me to report the same 
back to the House, and to recommend its passage. 

K. RAYNER, Chm'n. 



AN ACT 

To Incorporate the Charlotte and Danville 
Rail Road Company \ 



Section I. Be it enacted by the General Assembly of 
2 the State of North Carolina, and it is hereby enacted 
2 by the authority of the same, That, for the purpose of ef- 

4 fectirig a Rail Road Communication between the Town 

5 off Charlotte in the State of North Carolina, and the 

6 Town of Danville in the State of Virginia, the fbr- 

7 mation of a Corporate Company is hereby authorized, 

8 to be called the "Charlotte and Danville Rail Road 

9 Company ;" which Company, when formed in com- 

10 pliance with the conditions hereinafter prescribed, 

11 shall have a corporate existence as a body politic in 

12 perpetuity, in each of the States aforesaid. 

Sec. II. That the said Company be and the same is 

2 hereby authorized, to construct a Rail Road from the 

3 Town of Charlotte, in North Carolina, via. Salisbury 

4 in the same State, to the Town of Danville in the 

5 State of Virginia. 

Sec III. That for the purpose of creating the capital 

2 stock of said Company, the following persons be, and 

3 the same are hereby appointed Commissioners — to 

4 wit : Joseph H. Wilson, William P. Phifer, William 

5 C. Means, John J. Shaver, Robert J. McDowell, 

6 William R. Holt and Daniel W. Courts ; whose duty 

7 it shall be, to direct the opening of books for subscrip- 

8 tion of stock, at such times and places, and under the 

9 direction of such person or persons, as they or a ma- 
10 jority of them may deem proper. 



Sec. IV. That all persons who may hereafter be au- 

2 thorized to open books for the subscription of stock, 

3 by the Commissioners herein appointed for that pur- 

4 pose, shall open said books at any time after the rat- 

5 ification of this Act, twenty days previous notice be- 

6 ing given, in some one or more of the public newspa- 

7 pers in this State, or in the State of Virginia : and 

8 that said books, when opened, shall be kept open for 

9 the space of thirty days at least, and as long there- 

10 after as the Commissioners, first above named, shall 

11 direct: That all subscriptions of stock shall be in 

12 shares of One Hundred Dollars, the subscriber paying 

13 at the time of making such subscription, Five Dol- 

14 lars on each share thus subscribed, to the person or 

15 persons authorized to receive such subscription, and 

16 in case of failure to pay said sum. all such subscrip- 

17 tions shall be void and of no effect ; and upon closing 

18 the books, all such sums as shall have been thus re- 

19 ceived of subscribers on the first cash instalment, 

20 shall be paid over to the General Commissioners, 

21 named in the 3d section of this bill, by the persons 

22 receiving them, and for failure therefor, such person 

23 or persons shall be personally liable to said General 

24 Commissioners before the organization of said Com- 

25 pany, and to the Company itself after its organzation 

26 to be recovered in the Superior Court of Law within 

27 this State, in the County where sucb delinquent re- 

28 sides, or if he resides in any other State, then in any 

29 Court in such State having competent jurisdiction : 

30 That said General Commissioners shall have power 

31 to call on and require all persons empowered to re- 

32 ceive subscriptions of stock, at any time, and from 

33 time to time, as a majority of them may think proper, 

34 to make a return of the stock by them respectively 

35 received, and to make payment of all sums of money 

36 made by the subscribers : That all persons receiv- 

37 ing subscriptions of stock shall pass a receipt to the 

38 subscriber or subscribers for the payment of the first 



6 

89 instalment, a3 heretofore required to be paid, and 

40 upon their settlement with the General Commission- 

41 ers as aforesaid, it shall be the duty of the said Gen- 
415 era! Commissioners, in like manner, to pass their re- 

43 ceipt for all sums thus received to the persons from 

44 whom received, and such receipts shall be taken and 

45 held to be good and sufficient vouchers to the per- 

46 sons holding them : That subscriptions of stock 

47 shall be thus received to an amount not exceeding 

48 Two Millions of Dollars. 

Snc. V. It shall be the duty of said General Commis- 
£ sioners to direct and authorize the keeping open of 

3 books for the subscription of stock in the manner above 

4 described, until the sum of Two Hundred Thousand 

5 Dollars shall have been subscribed to the capital 

6 stock of said Company. And so soon as the said sum 

7 of Two Hundred Thousand Dollars shall have been 

8 subscribed, and the first instalment of five dollars per 

9 share on said sum shall have been received by the 

10 General Commissioners, said Company shall be re- 

1 1 garded as formed ; and the said Commissioners or a 

12 majority of them shall sign and seal two duplicate 

13 declarations to that effect, with the names of all the 

14 subscribers appended, and cause one of the said du- 

15 plicates to be deposited in the office of the Secretary 

1 6 of State, in each of the States of North Carolina and 

17 Virginia, and thenceforth from the closing of the books 

18 of subscription as aforesaid, the said subscribers to 

19 the stock, shall form one body politic and corporate, 

20 in deed and in law in the States aforesaid, and for the 

21 purposes aforesaid, by the name and style of the 

22 "Charlotte and Danville Rail Road Company." 

Sec. VL That whenever the sum of Two Hundred 

2 Thousand Dollars shall be subscribed for, in manner 

3 and form aforesaid, the subscribers, their executors. 

4 administrators and assigns, shall be, and they are 



5 hereby declared to be incorporated into a company hy 

6 the name and style of " The Charlotte and DanvilU 

7 Rail Road Company" and by that name, shall be ca- 

8 pable in law and equity of purchasing, holding, selling, 

9 leasing, and conveying estates, real, personal, and 

10 mixed, and acquiring the same by gift or devise, so 

11 far as shall be necessary for the purposes embraced 

12 within the scope, object and interest of their charter, 

13 and no further; and shall have perpetual succession 

14 and by their corporate name may sue and be sued, 

15 plead and be impleaded, in any Court of Law and 

16 Equity in North Carolina or Virginia, and may have 

17 and use a common seal, which they may alter and 

18 renew at pleasure; and shall have and enjoy all 

19 other rights, and immunities, which other corporate 

20 bodies may, and of right do, exercise, and may make 

21 all such by-laws, rules and regulations as are neces- 

22 sary for the government of the corporation, or effect- 

23 ing the object for which it is created, not inconsistent 

24 with the Constitution and Laws of the United States, 

25 and of the States of North Carolina and Virginia. 

Sec VII. That notice of process upon the principal 

2 Agent of said Company, or the President or any of 

3 the Directors thereof, shall be deemed and taken to 

4 be due and lawful notice of service of process upon 

5 the Company, so as to bring it before any of. the 

6 Courts of either of said States. 

Sbc. VIII - That as soon as the sum of Two Hundred 

2 Thousand Dollars shall have been subscribed in man- 

3 ner aforesaid, it shall be the duty of the general com- 

4 missioners appointed under the 3d section of this 

5 Act, to appoint a time for the stockholders to meet 

6 at Salisbury, in the State of North Carolina, which 

7 they shall cause to be previously published for the 

8 space of thirty days in one or more newspapers pub- 

9 lished in the State of North Carolina and Virginia, 



10 at which time and place the said stockholders, in 

1 1 person or proxy, shall proceed to elect the directors 

12 of the company, and enact all such regulations and 

13 by-laws, as may be necessary for the government of 

14 the corporation, and the transaction of its business : 

15 The persons elected directors at this meeting, shall 

16 serve such period, not exceeding one year, as the 

17 stockholders may direct: and at this meeting, the 

18 stockholders shall fix on the day and place or places 

19 where the subsequent election of directors shall be 

20 held ; and such elections shall henceforth be annu- 

21 ally made ; but, if the day of the annual election 

22 should pass without any election of directors, the cor- 

23 poration shall not be thereby dissolved, but it shall 

24 be lawful on any other day to hold and make such 

25 election, in such manner as may be prescribed by a 

26 by-law of the corporation. 

Sec. IX. That the affairs of said company shall be 

2 managed and directed by a general board, to con- 

3 sist of twelve directors, to be elected by the stock- 

4 holders from among their number at their first and 

5 subsequent general annual meetings, as prescribed in 
f> section 8th of this Act. 

Sec. X. That the election of Directors shall be by bal- 
2 lot, each Stockholder having as many votes as he has 
2 shares in the stock of said Company ; and the person 

4 having a majority of all the votes polled, shall be con- 

5 sidered as duly .elected. 

Sec XI. That the President of the Company shall be 

2 elected by the directors, from among their number, 

3 in such manner as the regulations of the Company 

4 shall prescribe. 

Sec. XII. That at the first General Meeting of Stock- 

2 holders directed to be called under Section 8th of this 

3 Act, a majority of all the shares subscribed shall be 



4 represented before proceeding to business, and if a 

5 sufficient number do not appear on the day appointed, 

6 those who do attend, shall have power to adjourn 

7 from time to time, until a regular meeting shall be 

8 thus formed ; and at said meeting, the Stockholders 

9 may provide by a by-law as to the number of Stock- 

10 holders, and the amount of stock to be held by them, 

11 which shall constitute a quorum for transacting bus- 

12 iness at all subsequent regular or occasional meet- 

13 ings of Stockholders and directors. 

Sec. XIII. That at all elections and upon all notes 

2 taken in any General Meeting of Stockholders upon 

3 any by-law or any of the affairs of said Company, 

4 each share of Stock shall be entitled to one vote, and 

5 that any Stockholder in said Company, may vote by 

6 proxy ; and proxies may be verified in such manner 

7 as the Stockholders by by-laws may proscribe. 

Sec. XIV. That the General Commissioners shall 
2 make their return of the shares of stock subscribed for 
'A at, the first General Meeting of Stockholders and pay 

4 over to the directors elected at said Meeting or their 

5 authorized agent, all sums of money received from 
subscibers, and for failure therefor, shall be personal- 

7 ly liable to said Company to be recovered at the suit 

8 of said Company in any of the Superior Courts of law 

9 in this State, within the County where such delin- 

10 quent, or delinquents may reside and in like manner, 

1 1 from said delinquent or delinquents, executors or ad« 
IS ministrators, in case of his or their death. 

Sec XV. That the board of Directors may fill up all 

2 vacancies which may occur in it, during the period 

3 for which they have been elected, and in the absence 

4 of the President, may fill his place by electing a Pres- 

5 ident, pro tempore from among their number. 



10 

Sec. XVI. That all contracts or agreements authen- 

2 ticated by the President and Secretary of the board 

3 of Directors, shall be binding on the Company, with- 

4 out a seal, or such a mode of authentication may be 

5 used as the Company, by their by-laws may adopt. 

Seo. XVII. That the Company shall have power and 

2 may proceed to construct as speedily as possible, a 

3 Rail Road, with one or more tracks, to be used with 

4 Steam powers, which shall extend from the Town of 

5 Charlotte, via, the Town of Salisbury in North Caro- 

6 lina, to the Town of Danville in Virginia ; said Com- 

7 pany may use any section of the Rail Road construct- 

8 ed by them before the whole of said Road shall be 

9 completed. 

Sec. XVIII. That the said Company shall have the 

2 exclusive right of conveyance or transportation of 

3 persons, goods, merchandise and produce, over the 

4 said Rail Road, to be by them constructed, at such 

5 charges as may be fixed on by a majority of the 

6 Directors. 

Sec XIX. That the said Company may when they 

2 see fit, form out their rights of transportation over said 

3 Rail Road, subject to the rules above mentioned : 

4 and said Company,and every person who may have 

5 received from them the right of transportation of 

6 goods, wares and produce, in the said Rail Road, shall 

7 be deemed and taken to be a common carrier, as re- 

8 spects all goods, wares and produce, and merchan- 
dise entrusted to them for transportation. 

Sec. XX. That the board of Directors, may call for 

2 the payment of the sums subscribed as stock in said 

3 Company, in such instalments as the interests of said 

4 Company may in their opinion require. The call 
3 for each payment shall be published in one or more 
Q newspapers in the State, for the space of one month 



11 

7 before the day of payment ; and on failure of any 
S Stockholders to pay each instalment as thus requir- 
9 ed, the Directors may sell at public auction on a 

10 previous notice often days, for cash, all the stock sub- 

1 1 scribed for in said Company by such stockholder and 

12 convey the same to the purchaser at said sale ; and 

13 if such sale of Stock do not produce a sum sufficient 

14 to pay off the incidental expenses of the sale and the 

15 entire amount owing by such Stockholder to the Com. 

16 pany for such subscription of stock, then and in that 

17 case, the whole of such balance shall be held and ta- 
IS ken as due at once to the Company, and mayi be re- 
11) covered of such Stockholder, his executors, adminis- 

20 trators or assigns at the suit of said Company, either 

21 by summary motion in any Court of superior juris- 

22 diction in the County where the delinquent resides 

23 on a previous notice of ten days to said subscriber or 

24 by the action of assumpsit in any Court of competent 

25 jurisdiction, or by warrant before a justice of the 

26 peace, where the sum due does not exceed one Hun* 

27 dred Dollars, and in all cases of assignment of Stock 

28 before the whole amount has been paid to the Com- 

29 pany. then for all sums due on such stock, both the 

30 original subscribers, and the first and all sub- 

31 sequent assignees shall be liable to the Company, and 

32 the same may be recovered as above descibed. 

Sec XXI. That the debt of Stockholders due to the 

2 Company for stock therein, either as original propria* 

3 tor or as first or subsequent assignee, shall be consid= 

4 ered as of equal dignity with judgments in the dis- 

5 tribution of the assets of a deceased stockholder, by his 

6 legal representatives. 

Sec XXII. That said Campany shall issue certifi- 

2 cates of stock to its members ; and said stock may bo 

3 transferred in such manner and form as may be direct* 

4 ed by the by-laws of the Company. 



12 

Sec. XXUI. That the said Company may at any 

2 time, increase its capital to a sum sufficient to com- 

3 plete said Road not exceeding Two Millions of Dollars, 

4 either by opening books for new stock, or by selling 

5 such new stock, or by borrowing money on the credit 

6 of the Company, and on the mortgage of its charter and 
7 works; and the manner in which the same shall be 

8 done tn either case, shall be prescribed by the stock- 

9 holders at a General M eeting. 

Sec. XXIV. That the board of directors shall once 

2 in every year at least, make a full report on the state 

3 of the Company and its affairs to a general meeting 

1 of the stockholders, and oftener, if directed by a by- 

5 law; and shall have power to call a general meet- 

6 ing of the stockholders, when the board may deem it 

7 expedient ; and the company may provide in their 

8 by-laws for occasional meetings being called, and 

9 prescribe the mode thereof. 

Seg. XXV. That the said Company may purchase, 

2 have and hold, in fee, or for a term of years any land, 

3 tenements, or hereditaments, which may be necessa- 

4 ry for the said road, or the appurtenances therecf, 

5 or for the erection of depositories, store houses, houses 

6 for the officers, servants or agents of the Company, or 

7 for workshops, or foundaries, to be used for the said 

8 Company, or for procuring stone or other materials 

9 necessary to the construction of the Road, or for ef- 

10 fecting transportation thereon, and for no other pur- 

11 pose whatever. 

Sec XXVI. That the said Company shall have the 

2 right, when necessary, to conduct the said Road across 

3 or along any public road or water-course: Provided, 

4 That the said Company shall not obstruct any public 

5 road, without constructing another equally as good 

6 and as convenient as may be, nor without making a 

7 draw in any bridge of said Road, which may cross a 



13 

S navigable stream, sufficient for the passage of vessels 
navigating said stream, which draw shall be opened 

10 by the Company for the free passage of vessels navi- 

11 gating such stream. 

Sec. XXVII. That when any lands or right of way 

2 may be required by said Company, for the purpose of 

3 constructing their Road, and for the want of agree- 

4 ment as to the value thereof, or from any other cause, 

5 the same cannot be purchased from the owner or 

6 owners, the same may be taken at a valuation, to be 

7 made by five Commissioners, or a majority of them, 

8 to be appointed by any Court of record having eom- 

9 mon law jurisdiction in the County where some part 

10 of the land or right of way is situated: in making 

11 the said valuation, the said Commissioners shall take 

12 into consideration the loss or damage which may oc- 

13 cur to the owner or owners, in consequence of the 

14 land being taken or the right of way surrendered, and 

15 also the benefit and advantage he, she. or they may 

16 receive from the erection or establishment of the 

17 Rail Road or Work, and shall state, particularly, the, 

18 value and amount of each; and the excess of loss and 

19 damage over and above the advantage and benefit 

20 shall form the measure of valuation of the said land 

21 or right of way : Provided, nevertheless, That if any 

22 person or persons, over whose land the road may pass, 

23 should be dissatisfied with the valuation of said Com. 

24 missioners, then, and in that case, the person or per- 

25 sons so dissatisfied may have appeal to the Superior 

26 Court, in the County where said valuation has been 

27 made, or in either County in which the land lies when 

28 it may lie in more than one County, under the same 

29 rules, regulations and restrictions as in appeals from 

30 judgment of Justices of the peace. The proceedings 

31 of the said commissioners, accompanied with a full 
22 description of the said land or right of way, shall be 
33 returned, under the hands and seals of a majority of 



14 

34 the Commissioners, to the Court from which the com- 

35 mission issued, there to remain a matter of record. — 
56 And the lands or right of way so valued by the Com- 

37 missioners, shall vest in the said Company so long as 

38 the same shall be used for the purposes of said Rail 

39 Road, so soon as the valuation may be paid, or when 
49 refused may have been tendered : Pro vided, That on 

41 application for the appointment of Commissioners, 

42 under this section, it shall be made to appear to the sat- 

43 refaction of the Court, that at least ten days previous 

44 notice has been given by the applicants, to the owner 

45 or owners of the land so proposed to be condemned ; 

46 or if the owner or owners be infants or won compox 

47 mentis, then to the guardian of such owners, if such 

48 guardian can be found within the County, or if he 

49 cannot be so found, then such appointment shall not 

50 be made, unless notice of the application shall have 

51 been published at least one month next preceding, in 

52 some newspaper printed as convenient as may be to 

53 the Court House of the County, and shall have been 

54 posted at the door of the Court House on the first day 

55 at least of the next succeeding term of said Court: 

56 And Provided further, that the valuation provided for 

57 in this section, shall be made on oath by the Commis- 

58 aioners aforesaid, which oath any Justice of the Peaoe 

59 or Clerk of the Court of the County in which the land 

60 or a part of it lies, is hereby authorized to administer : 

61 Provided further, That the right of condemnation 

62 herein granted, shall not authorize the said Company 

63 to invade the dwelling house, yard, garden, or burial 

64 ground of any individual, without his consent. 

Sec. XXVIII. That the right of said Company to 
~ condemn lands in the manner described in the 27th 

3 section of this act, shall extend to the condemning 

4 land one hundred feet on each side of the main track of 

5 the road, measuring from the centre of the same ; — i 

6 unless in case of deep cuts and fillings when said 



15 

7 Company shall have power to condemn as much in 

8 addition thereto as may be necessary for the purpose 

9 of constructing said road ; and the Company shall 

10 also have power to condemn any appropriate lands 

11 in like manner for the constructing and building of 

12 depots, shops, ware-houses, buildings for the offices. 

1 3 servants, agents and persons employed on the road, 

14 not exceeding two acres in any one lot or station. 

Sec. XXIX. That in the absence of any contract or 

2 contracts with said Company, in relation to lands 

3 through which the said road, or its branches may 

4 pass, signed by the owner thereof, or by his agent or 

5 any claimant or person in possession thereof, which 

6 may be confirmed by the owner thereof, it shall be 

7 presumed that the land upon which the said road or 

8 any of its branches may be constructed, together with 

9 a space of one hundred feet, on each side of the cen- 

10 tie of the said road, has been granted to the Corn- 

11 pany, by the owner or owners thereof; and the said 

12 Company shall have good right and title thereto, and 

13 shall have, hold and enjoy the same as long as 

14 the same be used for the purpose of said road, and no 

15 longer, unless the person or persons owning the said 

16 land at the time that part of the said road which may 

17 be on the said land was finished, or those claiming 

18 under him, her or them, shall apply for an assessment 

19 of the value of the said lands as herein before diree- 

20 ted, within two years next after that part of said road 

21 was finished ; and in case the said owner or owners, 

22 or those claiming under him, her or them, shall not 

23 apply within two years next after the said part was 

24 finished, he, she, or they shall be forever barred from 

25 recovering said land, or having any assessment or 

26 compensation therefor ; Provided, nothing herein con- 

27 tained shall effect the rights of feme covens or infants, 

28 until two years after the removal of their respective 

29 disabilities, 



16 

Sec. XXX. That all lands not heretofore granted to 

2 any person, nor appropriated by law to the use of 

3 the State, within one hundred feet of the centre of the 

4 road, which may be constructed by the said Company, 

5 shall vest in the Company as soon as the line of the 

6 road is definitely laid out through it ; and any grant 

7 thereafter shall be void. 

Sec. XXXI. That if any person or persons, shall in- 

2 trude upon the said Rail Road by any manner of use 

3 thereof, or of the rights and privileges connected there- 

4 with, without the permission, or contrary to the will of 

5 said Company, he, she, or they shall forthwith forfeit 
ti to the said Company, all the vehicles that may be in- 

7 truded on the said Road, and the same be recovered 

8 by suit at law ; and the person or persons so intrud- 
ing, may also be indicted for misdemeanor, and upon 

10 conviction, fined and imprisoned by any Court of com* 

1 1 petent jurisdiction. 

Sec. XXXII. That if any person shall wilfully and 

2 maliciously destroy, or in any manner hurt, damage or 

3 obstruct, or shall wilfully and maliciously cause, or 

4 aid, or assist or counsel and advise any other person or 

5 persons to destroy or in any manner to hurt, damage f 

6 or destroy, injure or obstruct the said Rail Road, or 

7 any bridge or vehicle used for, or in the transportation 

8 thereon, any water-tank, ware-house, or any other pro- 

9 perty of said Company, such persons or person so ofienu- 

10 ing, shall be liable to be indicted therefor; and on 

1 1 conviction shall be imprisoned not more than six. nor 

12 less than one month, and pay a fine not exceeding d\e 

13 hundred dollars, nor less than twenty at the discretion 

14 of the Court before which said conviction shall take 

15 place; and shall be further liable to pay all the ex* 

16 penses of repairing the same, and it shall not be com- 

17 petent for any person so offending against the provis- 

18 ions of this clause, to defend himself by pleading or 

19 giving in evidence that he was the owner or agent, or 



1*7 

20 servant of the owner of the land, where such destruc- 

21 tion, hurt, damage, injury, or obstruction was done, at 

22 the time the same was done or caused to be done. 

Sec. XXXIII. That every obstruction to the safe and 

2 free passage of vehicles on the said Road or its branches, 

3 shall be deemed a public nuisance, and may be abated 
, 4 as such by any officer, agent, or servant of the Com- 

5 pan}' ; and the person causing such obstruction ( 

6 may be indicted, and punished for erecting a public 

7 nuisance- 

Sec XXXIV. That the said Company shall have the 

2 right to take, at the store-houses they may establish on, 

3 or annex to their Rail Road, or the branches thereof, all 

4 goods, wares, merchandize, and produce, intended for 

5 transportation, prescribe the rules of priority and 

6 charge, and receive such just and reasonable compen- 

7 sation for storage, as they by rules may establish (which 
S they shall cause to be published,) or as m3y be fixed 
9 by agreement with the owner which may be distinct 

1 from the rates of transportation : Provided, that the 

1 1 said Company shall not" charge or receive storage on 

12 goods, wares, merchandise or produce, which may be 

13 delivered to them at their regular depositories for im« 

14 mediate transportation and which the Company may 

15 have the power of transporting immediately. 

Sec. XXXV. That the profits of the Company, or so 

2 much thereof as the General Board may deem advis- 

3 able, shall, when the affairs of the Company will per- 

4 mit, be semi-annually divided among the Stock-hol- 

5 ders, in proportion to the stock each may own. 

Sec XXXVI. That the capital stock in said Compa- 

2 ny, the dividend thereon, and all the property real and 

3 personal, belonging to the said Company, shall be ex- 

4 empt from taxation, by the State of North Carolina, or 

5 Virginia, or any corporate or muncipal police, or other 

6 authority thereof, or any Town, City, or County, for 

2 



7 the term of fifteen years : Provided, that it shall be 

8 competent for the Legislatures of North Carolina and 

9 Virginia, but for no municipal town, county, er cor- 

10 porate authority, at any time after the expiration of 

1 1 the period aforesaid, to impose such tax upon the es- 

12 tate both real and personal, of the said company as 

13 they may deem reasonable and just, not exceeding 

14 however in any event the tax imposed on the respective 

15 citizens of said States on property owned by them of a 
1G similar character. 

Sua XXXVII. That the following officers and ser- 

2 vants and persons in the actual employment of the 

3 said Company be, and are hereby exempted from the 

4 performance of jury and ordinary militia duty. The 

5 President and Treasurer of the Board of Directors, 

6 and chief assistant engineers, the secretaries, and ac- 

7 countants of the Company, keepers of the depositories, 

8 guard stationed on the road to protect it from injury. 

9 and such persons as may be working the locomotive 

10 engines, and traveling with cars for the purpose of at- 

11 tending to the transportation of produce, goods and 

12 passengers on the Road. 

S&C. XXXVIII. That said Company shall have power 

2 to connect the terminus of their said Road at Charlotte. 

3 with the terminus of the Rail Road from Columbia in 

4 South Carolina, to the said town of Charlotte, in such 

5 manner as to prevent any drayage or any unnecessa- 

6 ry transportation of goods and passengers by horse 

7 power between said roads ; and it shall moreover be 

8 their duty thus to connect said Roads together ; not, 

9 however, interfering with, or binding the rightful ex- 

10 ercise of the privileges of the "Charlotte and Camden 

11 Rail Road Company," under their present charter. 

Sec. XXXXIX. That in the event the Virginia Legis- 

2 lature refuses to grant to said Company a liberal 

3 charter of incorporation, with privileges similar to 



4 those granted in this Act, then it shall be lawful for 

5 said Company to construct their said Rail Road from 

6 Charlotte to the Yadkin River, and then to terminate 

7 the same, retaining to themselves in that case all the 

8 privileges granted in this Act. 

Sec. XL. That the Company shall begin the construe- 

2 tion of the said Rail Road, within two years from the 

3 first day of January, A. D. 1849, and complete it with- 

4 in ten years thereafter, otherwise the privileges here 

5 granted, shall be forfeited and cease ; except for so 

6 much of said Road as shall then be actually construct- 

7 ed and in operation ; and for the part thus actually 
3 constructed, the said Company shall be entitled to all 

9 the privileges of this Act of Incorporation in as full a 

10 measure as if the whole line of said Road'had been 

11 constructed and put in operation as at present contem- 

12 plated. 

Src. XLI. That this Act shall be regarded as a public 
2 Act, and may be given in evidence as such, in all ca- 
S ses without a special pleading. 

Sec. XLIL That this Act shall be in force from and 
2 after its ratification. 



[HOUSE OF COMMONS DOCUMENT, NO. 5.] 

A BILL 

To Incorporate the Milton Savings Bank, in 
the Town of Milton 



Section 1. Be it enacted by the General Assent- 

2 bly of the State of North Carolina, and it is here- 

3 by enacted by the authority of the same, That John 

4 Wilson, Saui'l Watkins, J. T. Garland, Jno. B. 

5 Barrett, Jas. D. Newsom, Willie Jones, N. J* 

6 Palmer, Montford McGeehee, O H. Richmond* 
T George A. Smith, Ssm'l B. Holser, Charles k! 

8 Dodson, Geo. W. Thompson, Martin P. Hun- 

9 tington, Edward P. Hawks, G o. W. Johnston 

10 Dabney Terry, and all or every other person 

11 or persons, becoming members of the Milton 

12 Savings' Bank, located in the town of Milton 

13 in the County of Caswell, shall be, and are 

14 hereby created and made a Corporation and Bo- 

15 dy politic, by the name and style of the Milton 

16 Saving's Bank, and by that name shall have 

17 perpetual succession, and be capable by law to 

18 hold property, sue and be sued, plead and be 

19 impleaded, answer and defend, and be answer- 

20 ed and defended, in Courts of Law and Equi- 

21 ty, or in any other place whatever, and to re- 

22 ceive and make all deeds, transfers, contracts 

23 covenants, conveyances, and grants whatsoev- 

24 er, and to make, have and use a common sea] 

25 and generally to do every other act or thing' 

26 necessary to carry into effect the provisions of 

27 this Act and to promote the design of said Cor- 

28 poration. 



Section 2. And he it further enacted, That 

2 the said Corporation shall annually, on the 2nd 

3 Monday in January, in the town of Milton, or at 

4 such other time and place, as by the bye-laws and 

5 regulations hereafter to be adopted, may be ap- 

6 pointed, elect from the members of said Corpora- 

7 tion, seven Directors to serve for the term of 

8 twelve months, or until others shall be chosen, 

9 who, during their term of service, shall have the 

10 sole management and direction ot the concerns of 

11 said Corporation, elect a President from their 

12 own body, and be authorized to make, from time 

13 to time, as they may deem expedient, such bye- 

14 laws and other rules for the regulation and gov- 

15 ernment of said Corporation, and the same change 

16 add to or amend, as may appear necessary or 

17 proper: Provided ulivays, that such bye-laws or 

18 rules be not contrary to the Constitution and 

19 Laws of the United States or the Slate of North 

20 Carolina; and provided also, that said Corpora- 

21 tion shall not be authorized to make any bills 

22 or notes in the nature or description of Bank notes. 
Section 3. And be it further enacted, That said 

2 Corporation shall be capable of receiving from 

3 any person or persons, any deposite or depositcs 

4 of money, and that all moneys received or to be 

5 received, shall be vested in public Stocks or other 

6 securities, and such interest be allowed to the de- 

7 positors thereof as may from time to time be di- 

8 rected or provided for by the bye-laws of said Cor- 

9 poration. The surplus profits may be divided 

10 every three years, or oftener, among the deposi- 

11 tors, in such manner as the Directors for the time. 

12 being shall think proper ; and no member shall 

13 be liable in his person or property for any debts, 

14 contracts or engagements of the said Corporation, 

15 but the money, property, rights and credits of 

16 said Corporation, and nothing more, shall be li- 

17 able for the same. 



Section i. And be it further enacted, That on 

2 the loan of money, the Board of Directors, through 

3 their Agent or Cashier may exact such interest in 

4 advance, as is the custom in the incorporated 

5 Banks of the State. 

Section 5. And be it further enacted, That tiie 
2 Directors of said Corporation, or a majority of 
S them attending at any meeting of the Board, may 

4 elect by hallot or otherwise, any other person or 

5 persons as memhers of the Milton Savings Bank; 

6 also elect a Cashier and such other officers as 

7 may be deemed necessary, taking suitable Bonds 
ft with security for the faithful discharge of their 
9 duties. 

Section 6. The Board of Directors shall have 

2 full power and authority to fill any vacancy that 

3 may occur between the times of the annual meet- 

4 ings of the members of the Corporation. 
Section 7. This Act shall be in force and ef- 

2 feet from and after its passage. 



[HOUSE OF COMMONS DOCUMENT, NO. 6.] 

A BILL 



TO 



PROVIDE 

FOR THE 

Oft aa <* <*\ cb tta a S3 ocissa aa sar «o? 

OF A 

81 ifE 1 S -.V I ' * A £ 

FOR THE 

INSANE IN 

NORTH CAROLINA. 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 

ft 8 48- 



H 



'-i * 






1 1. f 






mxt& mt & 



A B 1 L jL 

To Provide for the Establishment of a State 
Hospitalfor the Insane in North Carolina. 



•Section I. Be it enacted by the General Assembly of tlie 
* State of North Carolina, That 

3 be, and are hereby appointed Commissioners to select 

4 and purchase a tract of land, at a fair price, embrae- 

5 ing not less than one hundred acres, capable of culti- 

6 vation, and situated within three miles of Raleigh ; 

7 there shall be upon the premises a never failing sup- 

8 ply of wholesome water ; and said tract shall be con- 

9 veniently situated for receiving supplies of fuel, either 

10 of wood or coal : Provided, that said Commissioners 

11 shall receive no compensation for their services, over 

12 and above the necessary expenses incurred in the dis- 

13 charge of their duties : Provided, that if any person 

14 or persons shall make free gift of an available tract for 

15 the farm and site of said Hospital, said Commissioners 

16 are hereby authorized to receive a deed of the same 

17 in trust, for the use and benefit of the North Carolina 

18 State Hospital for the Insane, 

Sec II. Be it further enacted, That any time not ex- 

2 ceeding three months after said site shall be ob- 

3 tained by Commissioners, they shall contract for the 

4 erection of said Hospital, by first rate workmen, on 

5 such terms as are just and prudent : Provided, That 

6 said Hospital building shall be constructed in the 



7 most approved manner, after the most recent and ae- 

8 cepted plans, embracing all improvements and neces- 

9 sary accommodations for Institutions of this descrip- 
lOtion: Provided, The Hospital shall be constructed^ 

11 either of brick or unhewn stone ; the foundation shall ' 

12 be, substantial and of .rough mason work ; the base- 

13 ment shall not be less than eight feet above nor more 

14 than two feet below the out-ground surface ; the wa- 

15 ter-table, window, and door sils, window caps and door 

16 caps shall be of rough stone, or of cast iron ; the par- 

17 tition walls shall be of brick, and shall contain open 

18 flues for ventilators, furnace flues for heating the buil- 

19 ding and maintaining dryness, and conducting flues, 

20 all which shall be free from obsiructing surfaces, and 

21 the roofs of said Hospital building shall, so far as 

22 practicable, be fire-proof. 

i 

Sec III. The site for the building shall be so estab- 

2 lished as to afford good and sufficient underground 

3 drainage ; shall command cheerful views, and open 

4 upon such aspects as will admit the sun's rays a por- 

5 tion of the day into every suite of the lodging apart- 
7 ments. 

Sec. IV. Said Commissioners shall, on or before the 

2 first day of December, and annually thereafter, until 

3 the buildings are completed, render to the proper ac- 

4 counting officers of the State of North Carolina, an 
| exact account of all the contracts, expenses and lia- 

6 bilities which they shall have incurred, or authorized 

7 in the execution of their commissions, with vouchers 

8 for the same ; and in case of their failure so to do, 

9 their authority to draw on the State Treasurer for 

10 such sum or sums of money as shall hereafter be spe- 
ll cified, shall cease. And said Commissioners shall so 

12 build said Hospital that there shall be suitable and 

13 sufficient apparatus for heating the same, and for 
l4cookingand washing, and for furnishing ample supplies 



15 of water l'ur all the u.scs of the Institution ; construct- 

16 ing the same for the eomibrtable accommodation ot 

17 two hundred and fifty patients and all the necessary 
13 officers and attendants : Provided, The Commissiou- 

19 ers appointed b}' this Act, before entering upon their 

20 duties, shall give bonds, with such surety as may be 

21 required by the Executive, for the proper application 

22 ofi'unds placed in their hands, and for the faithful 

23 performance of all their duties. 

Sec V. Whereas, It is necessary that a Hospital for 

2 the insane in the State of North Carolina, shall be 

3 constructed ; it is hereby enacted, that the State tax 

4 upon each hundred dollars worth of all taxable prop- 

5 erty, shall be increased lor this purpose for 
b' the term of three years, and the same shall be set apart 

7 for the building and constructing said Hospital in the 

8 most commodious manner; Prodded, The funds ac« 

9 cruing from said tax shall f ,be payable by the State 

10 Treasurer to the order onl}- of the whole Board of 

11 building Commissioners. 

Sec. VI. The General Assembly shall nominate and 

2 appoint nine persons to be Trustees of said Institution, 

3 who shall constitute a body politic and corporate, by 
the style of "the Trustees of the State Hospital for the« 

10 Insane in North Carolina," and th»-y and their succes-.- 

11 sors in office, shall manage and direct the concerns of 

12 the Institution, and by and with the assistance of the 
*3 superintending Physician, make all necessary bye- 
M laws and regulations not inconsistent with theConstitu- 

15 tion of the State, and the laws thereof, and shall have 

16 power to receive, hold, dispose of, and convey all real 

17 and personal property conveyed to them by gift, de- 

18 vise, or otherwise, for the use of said Institution, and 

19 they shall serve without compensation, save travelling 

20 expenses incurred in the direct discharge of official 

21 obligations. Of the Board of the Trustees first af>* 



2*J pointed, three shall serve for two years, three for four 
"i3 years, and three for six years ; and at the expiration 

24 of their respective periods, the vacancies shall be iill- 

25 ed by appointments for six years, and should vacancy 

26 occur by death, resignation, or otherwise, such vacan- 

27 cy shall be filled by Executive appointment for the 

28 unexpired Term of said Trustee ; Provided, the said 

29 Trustees shall be chosen, five from the central portion 

30 of the State of North Carolina, two from the Eastern, 

31 and two from the Western sections, and all vacancies 

32 shall be filled from those sections of the State where- 

33 in they occur : Provided, that of the five Trustees 

34 chosen from the middle section three shall be residents 

35 in or near the city* of Raleigh, the other two out of 

36 Wake County : Provided, said Board of Trustees 

37 shall have charge of the general interest of the Insti- 

38 tution ; they shall appoint the Superintendent, who 

39 shall be a skilful physician subject to removal or re- 

40 election no ol'tener than in periods of eight years ; ex- 

41 cept for infidelity to his trust or for incompetency ful- 

42 ly proven and declared : said physician shall have an 

43 unblemished moral charscter ; he shall have received 

44 an enlightened and practical professional education ; 

45 be possessed of prompt business habits; and of hu- 

46 mane and kindly dispositions ; he shall be a married 

47 man, and shall, with his family, reside constantly in 

48 the Institution. 

Sec Vil. The Trustees and Physician shall make such 

2 bye-laws and regulations for the government of the 

3 Hospital as shall be necessary, and cause the same to 

4 be published with the biennial report of the Physician, 

5 and that of the Trustees and the Treasurer, all which 

6 shall be distributed throughout the State for the in- 

7 formation of the citizens thereof: Provided, the Trus- 

8 tees, assisted by the Superintendant, shall determine 
•J the salaries and compensation of the officers and as- 

10 sistants, whose services may be necessary for the com- 



11 fortable, just, and economical management of said 

12 Hospital. 

Sec. VIII. The three Trustees resident in WakeCoun- 

2 ty, shall be competent to transact all ordinary busi- 

3 ness arising at the monthly meetings of this branch of 

4 the Board : each in rotation for one month, shall visit 

5 the Hospital once a week, at such time as is most 

6 convenient, — and together they shall vigilantly ex- 

7 amine into the condition of the same once in each 

8 month, and oftener if necessary : Provided, the Trus- 

9 trees composing the full Board, shall be notified to 

10 convene at the Hospital, and to investigate strictly the 

1 1 administration of the same, the first Monday of De- 

12 cember upon each biennial Session of the Legislature. 
Sec. IX. The acting Trustees shall report annually to 

2 the Governor, and the full Board shall assemble, and 

3 report biennially to the General Assembly the condi- 

4 tion and history of the State Hospital, and they shall 

5 know that there are at all times sufficient supplies of 

6 provisions, water, fuel, clothing, and whatever else 

7 may be deemed necessary for the health, comfort, 

8 cleanliness, and security of the patients. 

Sec X. The Superintendant shall exercise entire con- 

2 trol over all subordinate officers and assistants in the 

3 Hospital, and shall have entire direction of the duties 

4 of the same, himself being accountable to the Board of 

5 Trustees for their good character and fidelity in the 

6 discharge of their duties. 

Sec XI. The admission of insane patients from the 

2 several Counties of the State, shall be in the ratio of 

3 their insane population : Provided, each County shall 

4 render to the Secretary of State, biennially, the nu- 

5 merical estimate of its insane, that proportionate bene- 

6 fits may duly embrace each case : Provided, no pa- 

7 tient in necessitous circumstances, who has not re- 

8 covered a sane mind, shall be discharged from the 

9 Hospital by the Trustees, except bond and security be 



10 given for the comfortable shelter and maintenance of 

1 1 the same. 

Sec, XII. Patients in indigent circumstances while 

2 resident in the Hospital, shall in their own right, or 

3 by the State, bearing their expenses, be chargeable no 

4 more than the actual cost for clothing, nursing, board, 
(S and medical attendance. Paying patients, whose 
i; friends pay their expenses, and who are not chargea- 
•7 hie upon the Counties or the State, shall pay in mea- 

8 sure with the care received, the terms being subject 
i) to decision by the Trustees. 

Sr.r. XIII. The Courts of the State shall have power 
V2 1o commit to said Hospital any individual who lias 

9 been charged with an offence punishable by imprison- 
4 meat or death, and who shall have been found to have 
£> been insane at the time the offence was committed, 
»> and who still continues insane, and the expenses of 

7 said individuals if in indigent circumstances, shall be 

8 paid by the State. 

Skc XIV. For the admission of Slate patients the fol- 

2 lowing proceedings shall be had : Some respectable 

3 citizen resident in the County to which said patient 

4 belongs, shall tile with a Justice of the Peace of said 
r, County a'statemcnt in writing which shall be substan 
6 tially as following : 

S[alr of North Carolina Count,)/: Its. 

The undersigned, a citizen of the State of North 
'.? Carolina, residing in said County, hereby states as fol- 

3 lows : (naming the person) is insane. His insanity 

4 is of less than two years duration, (or his being at 
r> large is dangerous to the safety of the community,) he 
f> is in needy circumstances, has a legal settlement in 
7 County, and is a citizen of the State of North 

5 Carolina. The facts can be proved by and 

!) (naming at least two persons, one of whom shall be 

10 a respectable physician.) dated this day of — 

11 A. D. *s. F. 



12 Secpnd. The justice shall issue subpoenas for the peJP- 

13 sons named as witnesses, and such other persons as 
11 he may think proper, requiring them to appear before 
15 him at a specified time, to testify concerning the fact s 
1G set forth in said statement. Subpoenas may be also 

17 issued for witnesses, in behalf of the person alleged to 

18 be insane. If after such inquest, the Justice shall be 

19 satisfied of the truths of the facts set forth in the 

20 statement, he shall require the medical witness 

21 forthwith to make out a certificate such as is required 

22 for paying patients by the eighteenth Section of this 
C3 Act. The justice shall forthwith make out a certifi- 

24 cate which shall read substantially as follows. 

State of North Carolina County: ss. 

25 I, the undesigned. Justice of the peace, in, and for the 
2G County, aforesaid, hereby certify that I have visited 
27 of said County, a person alleged to be insane, 

28 and have this day held an inquest in regard to him 

29 according to law; 1 am satisfied that he is insane : 

30 that he has a legal settlement in County, 

31 that he is a citizen of the State of North Carolina, 

32 aud is a fit subject for the bounty of the Stale. I am 

33 well satisfied that his being at large is injurious to 

34 himself and disadvantageous if not dangerons to the 

35 community, Witness my hand this day of 

A. D. CD. 

Sec XV. Immediately after the inquest, the justice 
8 shall transmit to the Clerk of the County Court a cer- 

3 tificate of said facts, attested by a physician, and he 

4 shall file the same. Also the said Clerk shall pro- 

5 ceed upon receipt of said certificate to transmit a co- 

6 py of the same to the superintendant of the State 

7 Hospital, accompanied with application for the ad a 

8 mission of the patient therein named , to the same. 

9 Upon the receipt of this application the Superinten- 

10 dent shall immediately advise the Clerk when the 

11 patient can be received, The Clerk shall thereupon, 

2 



1U 

12 in due season for the conveyance of said patient to the 

13 Hospital by the time appointed, issue his warrant 

14 to any suitable person whose reasonable travelling 

15 expenses shall be paid from the State Treasury, 

16 requiring him forthwith to receive said insane patient, 

17 and convey him to the North Carolina State Hospit- 

18 al. Said warrant shall read substantially as follows : 

19 State of North Carolina, County s. s. 

20 To 

21 Whereas, all the proceedings necessary to entitle 
23 , to be admitted into the North Carolina State 

23 Hospital, as a State patient, have been had according 

24 to law, you are hereby required forthwith to take said 

25 person, and convey him to said Hospital. After exe- 

26 cuting this warrant, you shall make due return to 

27 this office. Witness my hand and seal of office, thi3 
28 -day of A. D. 

29 Clerk. 

30 Upon receiving said patient, the Supcrintendant 

31 shall endorse upon said warrant a receipt as follows : 

32 North Carolina State Hospital. 

33 A. D. 

34 Received this day of the patient named in the 

35 within warrant. 

36 Superintendent. 

Sec. XVI. Every term iu this act, importing the mas- 

2 culine gender, shall extend to and be applied to fe- 

3 males as well as males. 

Sec- XVII. In order of admission, the indigent insane 

2 of the State, shall have precedence of the rich, and 

3 recent cases, of both classes shall have precedence 

4 over those of long standing. Provided, paying pa - 

5 tients from other States, may be received into the 

6 Hospital should vacancies occur, unclaimed by na» 
* tives of and residents in the State of North Carolina. 



11 

Sec. XVI11. Before any palieut shall be received into 

2 the Hospital as a paying patient, there shall be pro- 

3 ducetl to the Superintendent : First, The Treasurer's 

4 receipt for three months charges in advance. Second, 

5 a sufficient bond conditioned as hereinafter required. 

6 Third, A certificate from some respectable physi- 

7 cian setting forth ; First, That the patient is free 
S from any contagious or infectious disease. Second, 
9 The age of the patient, and concise history of the 

10 case. Third, The duration of the disease dating from 

1 1 first symptoms. Fourth, The supposed exciting cause 

12 of the disease. Fifth, Whether the disease is hered- 

13 itary. Sixth, Whether the patient has ever been sub- 

14 ject to epilepsy. Seventh, Whether the patient has 

15 ever made any attempt to commit any violence upon 
1G himself or others. Eighth. The medical treatment 
17 pursued in the case, and any circumstances known to 
IS the physician tending to illustrate the same. 

20 No other proceeding shall be necessary for the ad- 

21 mission of paying patients. 

22 The bond before mentioned shall be defined sub- 

23 stantially as follows : 

24 " Know all men by these presents that we of 

25 the County of ,in the State of North Carolina, 

26 are held and firmly bound unto the Treasurer of 

27 the North Carolina State Hospital, in the penal sum 

28 of dollars, for the payment whereof we hereby 

29 bind ourselves jointly and severally." 

30 The condition of this obligation is as follows : 

31 Whereas, of the County aforesaid, is about to 

32 be admitted as a paying patient into the said Hospit- 

33 al ; now if, while he shall remain therein, the under- 

34 signed shall constantly supply him with suitable cloth- 

35 ing, and pay all the charges of said Hospital against 

36 him quarterly in advance, and whenever his removal 

37 shall be required, immediately remove him, and if he 

38 shall escape from the Hospital, pay all reasonable 

39 charges incurred in restoring him, and if he shall die 



12 

'10 therein, pay all reasonable expenses incurred [or his 

41 funeral; then this obligation shall be void, otherwise 

42 it shall remain in full force. Witness, our hands and 

43 seals, this day of A. D. ■ A. B. 

CD. 

Sec. XIX. If there shall be a balance in the Treasury 

2 of the Hospital to the credit of a patient removed 

3 therefrom, the Treasurer shall pay it to the. person au- 

4 thorized to receive the same. 

Sec. XX. The Treasurer of the State shall be Trensar- 
2 er of the Hospital, and shall perform all the duties there - 

5 of and shall be liable as he now is, or shall be bylaw 

4 made liable as in all other of his official acts; he shall 

5 present a report of the receipts of all money paid into 
fi the Treasury for the benefit of the Hospital, or in be- 

7 half of the patients, and of all sum or sums of money 

8 paid out for the necessary uses and expenses of the 
1) same* 

Skc, XXI. The Treasurer shall pay out of the Hos- 

2 pital funds no sum or sums of money for any Hospital 

3 uses whatever, except by order of the Chairman of 

4 the acting Board of Trustees for the same. 

Sec. XXII. The Governor, Judges of the Courts, and 

2 Members of the General Assembly shall be tw-oifwia 

3 visitors of the State Hospital- 

Sec. XX11I. This Act shall take effect and be in force 
2 from and after day of . 



[HOUSE OF COMMONS DOCUMENT, NO. 7.] 



[A.] 



A BILL 

To secure the more certain Administration of 
Justice. 



Section I. Be it enacted by the General Assembly of the 

2 State of North Carolina, and it is hereby enacted by 

3 the authority of the same, That, if in the trial of a 

4 cause at law in any of the Superior Courts of this 

5 State, the presiding Judge shall make absolute a rule 

6 for a new trial, he shall at the request of either party, 

7 state his reasons therefor in writing, which statement 

8 shall form a part of the record of the cause : And 

9 whenever the Judge shall so state any other ground 

10 for a new trial, than a finding of the Jury against the 

11 weight of the evidence, it shall be lawful for the par- 

12 ty in whose favor the Jury rendered a verdict, to ap- 

13 peal from the said Judgment of the Court, to the Su- 

14 preme Court, on the same terms on which appeals are 

15 now allowed in other cases: And the Supreme 

16 Court shall give such Judgment on the whole case as 

17 the Superior Court might and ought to have given. 



House of Commoxs, ~> 
Monday, 11th Dec. 1848. $ 

The Committee on the Judiciary to whom was refer- 
red "A Bill to secure the more certain administration of 
Justice," have bad the same under consideration, and 
have instructed me to report it to the House and recom- 
mend therefor the accompanying Bill, marked f A.] 

R. T. PAINE, Chairman, 



[HOUSE OF COMMONS DOCUMENT, NO. 8.] 



A BILL 

Providing for the Amendment of the Constitu- 
tion of the State of North Carolina* 



Whereas, "All men are created free and equal,'" 

2 and in every free Republic "all political power 

3 is vested in and derived from the people:* 7 and 

4 Whereas, in the Commonwealth of North Caro- 

5 lina "the people ought to have the sole and ex- 

7 elusive right of regulating the internal govern- 

8 ment and police thereof, 77 and "no man or set of 

9 men are entitled to exclusive or separate emolu- 

10 ments or privileges from the community ; 77 and 

11 Whereas, the landed qualification now required 

12 in this State of voters for members of the Senate 

13 does conflict with the fundamental principles of 

14 liberty, and creates unjnst discriminations among 

15 the freemen of this Commonwealth, — Therefore, 

Section I. He it enacted by the GeneralJlssembly 

2 of the State of North Carolina, and it is hereby 

3 enacted by the authority of the same, (three-fifths 

4 of the members of each House concurring.) That 



5 the second clause of the the third section of the 

6 first Article of the amended Constitution of this 

7 State, ratified by the people on the second Mon- 

8 day in November, A. D. 1835, be amended and 

9 altered by striking out all after the words "any 

10 election," in the fourth line, and before the words 

11 "shall be entitled," in the sixth line thereof, so 

12 as to read as follows : All freemen of the age of 

13 twenty- one years, (except as hereinafter declar- 

14 ed,) who have been inhabitants of any one dis- 

15 trict within the State twelve months immediate- 
15 h r preceding the day of any election shall be en- 

17 titled to vote for a member of the Senate ; and no 

18 part of the seventh section of the Constitution of 

19 the State formed by the Congress assembled at 

20 Halifax, the eighteenth day of December, in the 

21 year of our Lord, one thousand seven hundred 

22 and seventy-six, shall be in force so as to operate 

23 against and repugnant to the amendment herein 

24 set forth. 

Section II. Be it further enacted, &c, That 

2 the Governor of the State be, and he is hereby 

3 directed to issue his proclamation to the people 

4 of North Carolina at least six months before the 

5 next election of Members to the General Assem- 

6 bly, setting forth the object and purport of this 

7 Bill, and in precise language the amendment to 

8 the Constitution herein proposed; which proc- 

9 lamation shall be accompanied by a true and per- 

10 feet copy of this bill, certified by the Secretary 

11 of the State, and both the proclamation and copy 

12 of the bill shall be published in all the newspa- 



13 pers iu this State at least six months before the 

14 next election of Members to the General Asseni- 

15 bly, and for the same length of time shall bo pos- 

16 ted in t-he Court Houses of the respective Coun- 

17 ties of this State. 



[HOUSE OF COMH 



R. B. Gilliam Esq., 

Speaker House Commons, 

Raleigh, North Carolini 
Sir : 

In accordance with a provision of the Char 
on the evening oi Saturday last, the 2nd instant. 

Very Respectfully &c, 

Your Obedient 



Statement of the Commercial Bank 



Bills and Notes Discounted, 
Suspended Debt, 
Bills of Exchange, 

Due from other Banks, viz. 

Merchants Bank, New York, 

Bank of North America, Philadelphia, 

Union Bank, Boston, 

Lincoln Bank, Bath, Maine, 

Merchant's Bank, Baltimore, 

Bank of Charleston, South Carolina, 

Branch Bank of Cape Fear, Fayetteville, 

Real estate, Banking House and Lot, 
Cash in Specie, 
In Notes and Cheeks on other N. C; Banks, 
In Notes of Banks of other States, 



150,514 80* 

1,891 37 
106,350 92 



* Of this sum there is due by Directors, 
By Stockholders not Directors, 



10,962 40 

3,802 98 

3,090 83 

114 26 

16 91 

27 73 

789 92 



37,189 44 

8,772 81 

82 00 



36,679 92 

51,003 73 



258/ 



18,* 
7,' 

46, 
$331, 



CUMENT, NO. 9.] 



Commercial Bank, of Wilmington, December 4th 1948, 



; Bank, I hand you enclosed "a full statement" of its conditi 



ion 



O. G. PARSLEY, President. 



^ton, Saturday December* 2nd, 1848. 

ital Stock paid in, 
es in Circulation, 

Due other Banks, viz, 

chant's Bank of Newbern, 3,289 45 

k of Cape Fear, Wilmington, i 3,792 09 

ich Bank State of N. C. Wilmington, 1,825 62 



eral Profit and Loss, 
dends unpaid, 
to Depositors, 



182,300 00 
121,940 00 



270 00 
10,619 73 



8,907 16 

7,278 69 

10,889 73 



f331,3!5 55 



T. .SAVAGE, Cashier, 



[HOU SE OF COMMONS DOCUMENT, NO , 10.] 

A BILL 



TO 



INCREASE 



THE 



REVENUE 



OF 



THE STATE, 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 

1848, 



The Committee on Finance, to whom was referred " A 
Bill to increase the Revenue of the State," &c. have had the 
same under consideration, and recommend its passage with 
the following amendments : In the 12th line of the first Sec- 
tion, strike out the words five hundred, and insert one thousand. 
In the 18th line of said Section, insert the words, less or, im- 
mediately preceding the word more. Strike out the 2d and 3d 
Sections of said bill, relating to a tax on Slaves bought and 
sold within or out of this State ; and in the 14th line of the 4th 
Section, after the words every denomination, insert Governor of 
the Stale, Judges of the Supreme and Superior Courts. And 
also, in the eighteenth line of said Section, after the words 
Minister of the Gospel, insert the words Governor of the State 
and Judges of the Supreme and Superior Courts. And ill the 
5th Section, 3rd line, after the words Silver Plate, insert the 
words, in use by the owner or owners thereof. And also, in the- 
7th line of said Section, after the words Pleasure Carriages, 
insert the words, in use by the owner or owners thereof. And 
also, insert the same words, in the 9th line, after the words 
Gold Watches ; and in the 10th line, after the words Silver 
Watches; and in the said fifth Section, strike out the words, 
on all negro Slave Mechanics employed usually at their trades, 
the sum of one dollar, instead of 20 cents, as now imposed. And 
in the 7th line of the ninth Section, strike out the words ne- 
gro Slave Mechanics ; and in the 3d line of the 10th Section, 
strike out the words, except negro Slave Mechanics. 

Respectfully submitted, 

G. MEBANE, 

Chairman. 



A BILL 
To increase the Revenue of the State. 



Whereas, there are many wealthy citizens of this State, 
who derive very considerable Revenues from monies, which 
produce interest, dividends, and profits, and who do not contri- 
bute a due proportion to the public exigencies of the same : 



Section 1. Be it enacted by the General Assembly of the 

2 State of North Carolina, and it is hereby enacted by the av- 

3 thority of the same, that a tax for the sums, and in the man- 

4 ner hereinafter mentioned, shall be raised and paid into the 

5 Public Treasury of this State, and for the use and service 

6 thereof; that is to say, upon the principal of every sum or 

7 sums of money at interest, in trade or vested in stocks, or 

8 shares of any trading or incorporated company, yielding a 

9 dividend or profit, (the interest, dividend, or profit of which 

10 is safely secured, and actually due or received,) over and 

11 above the sum each person or persons pay interest upon, 

12 and the sum of five hundred dollars besides, there thall 

13 be assessed and collected, the sum of twenty cents on every 

14 hundred dollars, which shall have produced for the year 

15 next before the owner or owners thereof shall give in his 

16 her or their tax list, an interest, dividend or profit of six 

17 per cent, and a proportionate sum on all other sum or sums 

18 of money drawing more than six per cent, by way of 

19 interest, dividend or profit. This tax to be returned on 

20 oath to the Justice appointed to take the list of taxables and 

21 taxable property, to be recovered, collected, and accounted 



22 for bv the Shciiffs of the several counties, in like manner 

23 as th<-y have been authorized and required by law hereto- 
'-4 fore to do, in collecting and accounting for the other State 

25 taxes : Provided, that this Act shall not extend to any 

26 Stock or shares in any of the incorporated Banks in this 

27 State already taxed by law : Provided further, that each 

28 and every merchant or mercantile firm, who shall have 

29 obtained and paid for a merchant's licence, shall have of 

30 their capital over and above the sum of five hundred dol- 

31 lars, and a sum equal to the debts they owe, exempted from 

32 the provisions of this Act, as following, to wit ; for a mer- 

33 chant's licence taxed six dollars, the sum of three thousand 

34 dollars ; a merchants licence taxed eight dollars, four thou- 

35 sand dollars; a merchants licence taxed twelve dollars, six 

36 thousand dollars; a merchants licence taxed sixteen dollars, 

37 eight thousand dollars ; and a merchants licence taxed 
3S twenty dollars, ten thousand dollars. 

Section 2. Be it further enacted, that there shall also be 

2 raised and likewise paid by the purchaser on each andeve- 

3 ry slave hereafter bought within, and by him sold again 

4 within twelve months in or out of this State, one per cent 

5 on the purchase money of the said Slave or slave so bought 
7 and sold. 

Section 3. Be it further enacted, that there shall also 

2 be raised and likewise paid by the seller on each and every 

3 slave hereafter sold to any person or persons residing be- 

4 yond the limits of this State one per cent on the amount 

5 for which said slave or slaves shall be sold. 

Section 4. Be it fvrther enacted, that hereafter there 

2 shall be imposed and levied annually the following taxes, 

3 to wit: on every Surgeon Dentist five dollars; on all prac- 

4 tising physicians, whose practice shall yield an annual in- 

5 come not less than five hundred dollars, and not exceeding 

6 one thousand dollars, two dollars ; on all such physicians 

7 whose practice shall annually yield more than one thou- 

8 sand dollars, the sum of four dollars; on all practising law- 

9 yers, whose practice shall yield an annual income not less 

10 than five hundred dollars and not exceeding one thousand 

1 1 dollars, the sum of two dollars ; on all such lawyers, whose 

12 practice shall annually yield more than one thousand dol- 

13 lars, the sum of four dollars ; on all other persons except 

14 ministers of the Gospel of every denomination whose sala- 

15 ries or fees, or both together shall yield an annual income 

16 not less than five hundred dollars and not exceeding one 

17 thousand dollars, the sum of two dollars, and on all such 

18 persons excepting ministers of the Gospel, a; aforesaid 

19 whoae salaries and fees shall yield annually more than one 



98 thousand dollars, the sfern of -four dollar*. Provided, how- 

31 ever, that every physician and lawyer shall be exempted 

2*2 from the provisions of this law for the first. live years of 

23 hi* practice. 

Skctio.v 5. lit it further enacted, that hereafter thera 

3 shall be imposed and levied annually a tax upon the fol- 

3 lowing 1 articles, to wit : on all Gold and Silver plate, in 

4 value one hundred dollars, and nut exceeding five hundred 
.") hundred dollars, the sum of two dollars ; and on all Gold 
b and Silver plate exceeding in value five hundred dollars, 
7 four dollars; on all pleasure Carriages with four wheels 
H exceeding in value two hundred dollars, the sum of one 
9 dollar : on all Gold Watches twenty five cents ; on all Sil- 

10 ver Watches ten cents : on all negro Slave Mechanics 

11 employed usually at their trade the sum of one dollar, in- 

12 stead of twenty cents, as now imposed. 

Section 6*. Be it further enacted, that each and every 

2 person shall annually render to the Justice appointed to 

3 take the list of taxables and taxable property as a part of, 
■! and in addition to his taxables and taxable property, the 

5 amount of tax or taxes, which he, either in his own right 
H or the right of any other person or persons whomsoever, 
7 either as guardian, attorney, agent or trustee, or in any 
■S other manner whatsoever, is liable to pay under this Act ; 
J) and it shall be the duty of said Justice to administer the 

10 following oath to all such person or persons as may be lia- 

11 ble to pay the same, and to list their property for taxation, 

12 to wit: "You A. B. do solemnly swear, (or affirm, as the 

13 case be,) that you, either in your own right, or the right of 

14 any other person or persons whomsoever, either as guardi- 

15 an, attorney, agent or trustee, or in any other manner 
lb' whatsoever, are not liable for more taxes, under an Act 

17 of the General Assembly, entitled an Act to increase the 

18 Revenue of this State, passed in 1848—1849, than the 

19 amount which you have now listed, and that in all other 
«J0 respects the list bv vou now delivered, contains a just 
•21 and true account of all the property, which by law you are 
22 bound to list for taxation, to the best of your knowledge and 
'23 belief, so help you God.'' 

Section 7. Be it further enacted, That it shall be the 

2 dutv of every Justice of the Peace who shall take a list of 

3 the taxable property in the State, before adminititeiiiitj the 
4. oath aforesaid, to call over to each person giving in his lift 
5 of taxable property, all the subjects and atticles subject to 
5 luxation. 

Section 8. Be it further enacted. That each and everj 1 



2 person liable to pay taxes, by and under the provisions of in;* 

3 Actj who shall fail lo list the same, or refuse to lake, tiie oath 

4 herein prescribed and required, shall, in addition to lhe pay- 

5 mem of a double tax, forfeit and pay into the Public Tress. 

6 ury, the sum of one hundred dollars for each year's failure 

7 or refusal aforesaid ; and it shall be the duty of the several 

8 Sheriffs aforesaid, to levy, collect and account for the same, 

9 as in cases of double tax, unless the County Court shall with- 

10 in nine months thereafter, on satisfactory cause shown to them. 

11 by such delinquent, order said forfeilure to ho released and 

12 remitted. 

Section 9. Be it further enacted. That it shall be the 

2 duty of the Justices appointed to take the lists of taxable 

3 property, to list the taxes herein required to be listed, in 

4 separate columns, as follows, to win " Tax on Capital," 

5 " Physicians," " Lawyers,-" " Salaries and Fees," " Gold 

6 and Silver Plate," " Pleasure Carriages," " Cold Watches," 

7 "Silver Watches," "Negro Slave Mechanics;" and the 

8 Clerks of the several County Courts shall record, advertise 

9 and return the same to the Comptroller's Office, in the same 

10 manner, and in case of failure, under the same penaliies, for' 

11 feitures and liabilities, as are now prescribed by law in re- 

12 lation to all other taxables. 

Section 10. Be it further enacted, That all the persons 

2 and property herein mentioned and taxed, except negro slave 

3 mechanics, shall not be subject and liable lobe taxed by the 

4 several County Courts. 

Section 11. Be it further enacted, That all laws and 

2 clauses of laws, coming in conflict with the true intent and 

3 meaning of this Act, be, and the same are hereby repealed 



[HOUSE OP COMMONS DOCUMENT, NO. 11.] 



REPORTS 



OF THE 



C0MMXSSI0NBR8, 

PRESIDENT AND TREASURER 



or THE 



RALEIGH AND GASTON RAIL ROAD. 



RALEIGH : 

SEATON GALES, PRINTER FOR THE STATE. 

1S4S. 



To tlue Honorable the General Assembly of 

North Carolina: 

I transmit herewith the Report of the Board of Com- 
missioners of the Raleigh and Gaston Rail Road. 

WILL: A. GRAHAM. 

Executive Department, 
Dec. 7th, 1848. 



To the Honorable the General Assembly of 

JSforth Carolina : 

The Commissioners of the State, for the management of 

the Raleigh and Gaston Rail Road, have the honor 

to 

REPORT : 

That the review of the affairs of the Rail Road presen- 
ted in the Executive message, at the commencement of 
your present session, and the statements of the President 
and Treasurer of the Road, hereunto annexed, so fully 
exhibit its operations for the last two years as to super- 
sede much that might have been required from the Board. 

As a common carrier, the concern of the Rail Road 
should, of course, be answerable for all the liabilities, 
■which attach to that character : and although the State 
is not suable, the Commissioners have felt bound to pay 
for all losses and damages occurring on the Road, which 
an individual proprietor would be subject to repair, by 
action at Law. The accounts under this head being 
principally paid at Petersburg, and that Company having 
not presented its account current with this Road for set- 
tlement at any regular periods, under the administration 
of the former President of this Road, this Board was not 
informed of the amount of losses occurring and chargea- 
ble to them, for more than twelve months after it had 
been under their control. Upon being appri sed of them, 
they passed an order that the Treasurer should keep a 
distinct account of disbursements in payment for losses, 
and that settlements with the Petersburg Company 
should be made, at short intervals, so that there might b6 
iuvestigation, while the matter was reoent, into each par- 
ticular transaction of this kind. Though the account 
has been since kept, the mischief was not remedied until 
an arrangement was made by the present President of 



the Road, with the Petersburg Company, to allow a sep- 
arate agent of this Road to take charge of its interests 
in the ware-house at Gaston. The House belongs to the 
Petersburg Company, and anterior to that, their Agent 
had in charge the affairs of both Roads, and was paid by 
this §200 for his services. The business transacted there, 
in connection with transportation, was too great for any 
one person, and many losses are believed to have arisen, 
from mistakes and omissions arising from this cause. 

Independently of these, however, a loss of about 
$3,000, was sustained in the year 1847, from the de- 
struction of cotton by two fires, both occurring at Frank- 
linton, in the dead of night, while the trains in which it 
was loaded had stopped until morning. The Board en- 
deavored to ascertain the causes of these fires, and took 
some evidence in relation to them, but could not arrive 
at a satisfactory conclusion — their impression being that 
they proceeded from sparks from the Locomotive, though 
the persons with the train declared that they had taken 
every precaution to prevent or extinguish the fire in 
them before retiring to rest. Although the loss account 
is large, from these causes, but little of it has occurred 
in the present year, and from the more strict supervision 
adopted since they did occur, it is hoped that drafts on 
the Treasury of the Road, from this source, will in a 
great measure cease. 

The Board has requested the President of the Railroad, 
to prepare astatement of its outstanding debts, exclusive 
of that contracted with the Bank of the State, in conse- 
quence of the destruction of the Machine shop and con- 
tents, which is hereto appended marked F. It is found 
to be larger than they had anticipated, but believing that 
where repairs were undertaken, it was the best policy to do 
the work thoroughly, they are satisfied that no expenditure 
which has been made for that object could have been omit- 
ted without suffering still greater loss. For example, 
the Bridge at Gaston, and other Bridges on the line, hav- 
ing become warped and exposed to the weather, they 
mi°-ht have been temporarily covered and repaired at 



comparatively loss cost, but instead of thus trifling with 
the great public interest, the Board has directed them to 
be thoroughly refitted — and it has been done. In like 
manner the old locomotives having been much worn from 
use, as well as injured by the fire, to which they were 
subjected, though they could have been prepared for pre- 
sent use, with less expense, have been thoronghly over- 
hauled, and fitted for good service. These operations 
required an increased force of shopmen and carpenters 
for the present year, which has been lately discharged 
and the Road is thus relieved from an outlay under these 
heads of about $300 per month. They have also, as will 
be seen, found it necessary to make considerable pur- 
chases of Iron Rails. While expenses of an extraordi- 
nary character, have thus increased, the present year, 
the income of the Road from the census stated by the 
President, has fallen off, from that of the last, about 
$10,000. 

Finding that the Road had lost character, by repeated 
failures, in the punctual transportation of freights, and 
more in the delays of passengers, the Board after inves- 
tigation in the Autumn of 1847, became satisfied that 
these difficulties arose in a great degree, from the want 
of .sufficient motive power, and determined to supply the 
defect, by the purchase of a new locomotive, and to 
pledge the mail pay of the next year for that object. The 
purchase was made, and a superior Engine called the 
" Sir Walter Raleigh," was procured. The payments have 
been regularly made according to contract through the 
Post Office Department, except the last, which will be 
made on the first day of January next. Thus the mail pay 
of $8,700 per annum has been in the present year also 
withdrawn from ordinary uses. The other new Engine 
called the" Granville," was purchased for cash borrow- 
ed, as you are informed, to repair the losses occasioned 
by fire. 

In every "particular, except the superstructure of the 
track, the Rail Road is in iar better condition, than at 
any time heretofore, and although now having a consid- 



erable debt, that has been ineurrcd for objects which 
will diminish expenses for like purposes for a considera- 
ble time to come. It may reasonably calculate from past 
experience, on an increase of $60,000 per year. If in per- 
fect repair, so that it may be relied on for punctuality, 
this will no doubt increase. But with the present state 
of the Iron on the Northern part of the Road, which was 
never suited to such a purpose, the income will not per- 
mit over a state of repair and pay debts and ordinary 
expenses. It is therefore submitted to the Legislature; 
if the State retains the Road, that it be mortgaged for 
such amount as may be needed for this end. 

On the 1st of January 1S48, Thomas Miller Esq., of 
Granville was appointad President of the Rail Road, with 
a salary of $1,600 per year, and John Rhodes, was ap- 
pointed Superintendant, with a salary of $600. W. W. 
Vass was continued in the office of Treasurer with a sal- 
ary of §700. The Board deem it just to express their 
approbation of the discharge of duty by those officers 
and of the manner in which the business of the Road has 
progressed during the present year, notwithstanding all 
its disadvantages. 

Respectfully submitted. 

WILL. A. GRAHAM, 

Chairman of Board of Commissioners R. & C. R. R. 

December, 6th 1846. 



Ralkigii and Gaston Rail Road Office, ) 
Nov. 1st, ISIS. j 

To the Board of Commissioners of the 

Raleigh and Gaston Rail Road : 

The undersigned, having had charge of the Raleigh 
and Gaston Rail Road since the 1st of January last, res- 
pectfully submits, at the close of the fiscal year, the fol- 
lowing brief remarks : 

Although the repairs of the Road, at this time, will 
compare favorably, it is believed, with any former peri- 
od within the last two or three years, yet its present con- 
dition is unsuited to this description of works, and fails 
perhaps, to meet fully the just requirements of the pub- 
lic. To the difficulties and embarrassments reasonably 
expected, growing out of limited means, have been ad- 
ded during its present year, those of an extraordinary 
character. The destructive fire, that occurred the latter 
part of February, as you are aware, destroyed the large 
Machine and Smith's Shop, together with the tools, fix- 
tures, &c, and five Locomotives. Fortunately, one En- 
gine only was totally destroyed ; the others, after being 
repaired, have since performed good service. The Road 
now owns nine Engines, including the two purchased in 
Philadelphia the present year, at a cost each of about 
$7,250 00. 

While the sum of $25,000 received from the State to re- 
lieve the then exigencies, was sufficient, perhaps, to cov- 
er the loss by the Fire, it did not furnish, as might be sup- 
posed, an adequate indemnity to the Road. Some time 
elapsed necessarily, before the Shops could be rebuilt 
and the Machinery refitted, during which the machinists, 
an increased number being employed, operated with 
great inconvenience in a temporary building erected for 



s 

the purpose. The want of motive power in the mean 
time, to carry oft' promptly the produce, caused much of 
it intended for the Road to be carried by wagons. 

At the commencement of the year, it was deemed ad- 
visable to increase the number of overseers on the Road. 
Instead of having two overseers, as heretofere, to super- 
intend each one half of the entire line, 87 miles in length, 
six are now employed charged with the supervision of 
shorter sections. 

Heretofore, the interests of the Road have been preju- 
diced, at least, for the want of a special Agent at Gaston, 
the connecting point between this and the Petersburg 
Rail Road. The establishment of such an Agency on 
1st of February last, has tended to promote accuracy 
and despatch in the transfer of produce and merchandise 
from the Cars of one Road to those of the other, and con- 
tributes to lessen the amount of losses. The larger pro- 
portion of losses paid the present fiscal year, occurred 
the year previous, under the administration of my prede - 
cessor in office. 

With a slightly increased number of operatives for the 
present as compared with the last year, every effort has 
been made, that was practicable under the circumstan- 
ces, to improve the track, which was in bad order. Dur- 
ing the year, there have been laid down 20,000 Sills, and 
130 tons R. R. Iron. From Gaston to about Littleton, a 
distance of about 9* miles, most of the track is in good 
order a part of it having been relaid with entire new- 
mat e rial. 

The Bridge at Gaston has undergone thorough repairs; 
likewise, all the other Bridges on the Road. 

The statements of the Treasurer, herewith submitted, 
marked A. B. C. show in detail the receipts and disburse- 
ments of the Road, for the last two fiscal years ending 
31st Oct. 1843. 

Total receipts for transportation for the 

year ending Oct. 31st. 1847. #66,297 57 

Total receipts for trasnportation for the 
vear ending Oct. 31st, 1848, 56,922 53 



Amount cash received from the State, 
on account of the Fire, 24,139 2S 

Disbursements for the year ending, 
Oct. 31st 1847, 65,457 93 

Disbursements including payments of 
the Fire,Engines and R. R . Iron, #c. 
for the year ending, Oct. 31st. 1848, 81.919 75 

Including the balance on hand Oct, 31st, 1846, as per 
Treasurer's Report of that date, and the amount due 
from the Post Office Department, there is now on hand 
to be applied in part payment of the outstanding debt 
rendered to your Board, the sum of $8,763 93. 

It will be seen that the receipts for the last fiscal year, 
fall below those of the year previous, by about $10 000 ; 
and that the reduction is principally in Freight. The 
reason of this is obvious, as it is known that the Tobac- 
co crop was a short one, in all that region bordering on 
he Road, usually furnishing a heavy business in that ar- 
ticle. The inefficiency of our motive power for some 
months after the fire, as has already been su ggested 
contributed to dminish materially the freight business. 
Besides the general monetary pressure of the Country pre- 
vented, doubtless, our merchants, who patronize the Road 
from purchasing their usual supply in the Northern mar- 
kets, for there is a reduction in the amount of merchandise 
received, as well as produce sent. See Table D. 

The bridges on the Road being new repaired the ex- 
pensive force heretofore engaged in that line has been 
dispensed with. And having made considerable progress 
in the repairs in Machine shops, the force employed in 
that department has been reduced. 

Respectfully submitted, 

THO. MILLER, Prest. 



10 



[A.] 

Receipts from Transportation for the year ending October 

SLltf, 1847. 



MONTHS 


FREIGHT 


22 


PASSENGER 


s. 
"88 


TOTAL. 


November, 


1.812 


1,879 


3.722 10 


December, 


1,786 


C6 


1 833 


31 


3.619 40 


January, 


1.420 


11 


1,479 


43 


2,899 54 


Februar}\ 


1.989 


64 


1.525 


2S 


3,514 92 


March, 


3.496 


83 


2.296 


13 


5.792 96 


April, 


4,405 


48 


1,928 


01 


6,333 49 


May, 


3 112 


6S 


2,098 


50 


5,211 IS 


June, 


3.637 


41 


9.279 


65 


5,917 06 


July, 


3.0S4 


08 


2,264 


92 


5,349 00 


August,. 


1.S74 


08 


2,541 


94 


4,416 02 


September, 


2.361 


26 


3,361 


65 


5,722 91 


October, 


31S9 


09 


2.543 


09 


5.732 78 




32,199 


54 


26,031 


82 


$;8 2-31 33 



Received for transportation of 
of the amount (82,564 00), 
included in last Report, Oct. 



Mail, exclusive 
estimated and 
31, 1846. $8,066 21 



Receipts from Transportation for the year ending October 





ou 


i ji 


O'iO. 






MONTHS. 


FREIGHT. 


PASSENGERS. 


TOTAL. 


November,. 


2.217 


21 


1,878 


78 


4,095 99* 


December, 


1,364 


32 


1,806 


63 


3,170 95 


January, 


1,427 


59 


1,872 


49 


3,300 08 


February,. 


1.574 


S4 


1,375 


24 


2,950 08 


March, 


2,654 


97 


2.328 


72 


4.983 C9 


April, 


2.946 


55 


1.864 


88 


4.S11 43 


May, 


1,719 


93 


1,758 


22 


3 478 15 


June, 


1.3S6 


45 


2.252 


09 


3,638 54 


July, 


1,319 


41 


1.874 


34 


3,193 75 


August, 


2,337 


93 


2.487 


61 


4.S25 54 


September, 


2,770 


77 


3.083 


76 


5.854 53 


October, 


2.106 


30 


2,076 


50 


4,182 80 




23,826 


27 


21,659 


26 


$18,48-5 53 



Received for transportation oi Mail, 6,262 00 
Amount due not yet in hand, 2,175 00 



S8,437 00 



12 
STATEMENT C. 

Statement of the affairs of the Raleigh and Gaston Rail 
Road for the last two fiscal years endi?ig, October 
3lst. 1848. 



By amount on hand, Oct. 31, 1846, 

per Report of that date, $8,782 28 

By receipts for the year ending, Oct. 
31st, 1847, — per statement A. 

Freight, 832,199 54 

Passengers, 26,031 82 

Mail, 8,066 21 



Total receipts for fiscal year, 66,297 57 

Receipts for the year ending, Oct. 
31st. 1848 per statement A. 

Freight, §23,826 27 

Passengers 24,659 26 

Mail, 6,262 00 

Add am't due but not re* 

ceived, 2,175 00 



Total receipts for the fis- 
cal year, 56,922 53 

Amount received of the 
State, to repair damages 
by the Fire, 25,000 00 

Less, discount of Bank of 
the State, 860 77 



24,139 23 



Total 156,141 61 

To amount disbursed du- 
ring the fiscal year of 
1847, per statement, B. 
On account of Transportation, $8,366 97 

" u Repairs Road, 21,256 84 

" Engines, Cars, &c- 14,377 82 



13 



Depots, 5,971 89 

Salaries, 2,475 00 

Fuel, 4,650 06 
Extraordinary repairs. 4,844 70 

Stationary, 109 75 

Contingencies, 494 48 

Loss account, 2,910 42 



$65,457 93 



To amount disbursement 
during fiscal year of 1848 
per statement B. 

On account transportation, $8,047 19 

" " Repairs Road, 16,511 62 

" " Engines, Cars, &c. 13,294 16 

" " Depots, 5,681 12 

" " Salaries, 2,888 89 

« " Fuel, 2.765 88 

" " Extra'ry repairs, 28,982 98 

" « Stationary, 145 84 

" " Oils and Lights, 748 21 

" " Contingencies, 582 39 

" « Loss account, 2,271 47 



$81,919 75 147,377 68 



Balance, Nov. 1st 1848. 68,763 93 

Amount due from Peters- 
burg R. R. Company, 3,035 72 

Amount due from Agents 
on the line, 1,871 88 

Cash in Bank of the State, 1,681 33 

Amount due from Post Of- 
fice Department, on ac- 
count of Mail, 2,175 00 



#8,763 93 
W. W. VASS, Treas. 



14 

Note. — The Loss Account for 1847, consists of the 

following items : 

Paid Petersburg Rail Road Company, in set- 
tlement for damaged and lost goods, from 
1st January 1846, to March 1347, 324 93 

Amount paid for Cotton burnt at Franklinton,^2,497 09 

Amount paid for sundry losses, 88 40 



$2,910 42 
The same account for 1848, consists of the following 

items : 

Amount paid Petersburg Rail Road Company, 
in settlement for damaged and lost goods, 
from March 1st 1847, to 1st August 1848, 1,544 61 

Sundry losses, paid at office, 620 87 

Interest account, 105 99 



2,271 47 
These losses, excepting"an amount under 300 dollars, 
occurred previous to the 1st January last, but paid 
since. 



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16 



LE-1 
A list of persons in the employ of the Raleigh and Gas- 
ton Rail Road. 



Machines and Blacksmith Shops. 
1 Foreman in Machine shop at $900 00 per year. 

1 Foreman in Blacksmith shop at 
3 Hands at 



Engineers. 



600. 00 

1 50 per day. 

2 00 " 
1 25 " 

15 00 per month. 

200 00 per year. 
175 00 

75 00 

60 00 " 

45 00 " 

50 per month. 
30 



1 Hand at 
5 Hands at 

4 Hands at 

2 Colored Smiths at 
2 
1 

5 " «• 

4 Engineers at 
2 

Carpenter's Shop. 
1 Head Carpenter at 
3 
2 

Bridge Carpenters, 

1 Carpenter at 
2 

3 " 
1 

Train Hands and Firemen. 

2 Train hands at 10 per month. 

5 Firemen at 13 

4 » 10 " 

Conductors of Mail Train. 

2 Conductors at 30 per month. 

Overseers and Negroes on Road. 

3 Overseers at 300 per year. 
3 « 180 

60 Negroes, averaging 55 * 



35 per month. 

26 

15 « 

52 per month. 
26 « 

12 " 

9 



1- 



Ihpols. 

1 Agent at Raleigh Depot 

" Wake " finds 2 hands 

" Franklinton " 

•' Henderson " 

" Ridgway " M 

u Warrenton " " 

«• Macon " •• 

" Littleton " « 

" Gaston 

1 Watchman at Gaston at 

1 " " Raleigh at 

Officers, 

1 President at a salary of 1 

1 Treasurer " 

1 Superintendent" 



35U 00 


per year 


350 00 


u 


350 00 


■ it 


400 00 


u 


150 00 


it 


450 00 


a 


350 00 


a 


450 00 


u 


300 00 


u 


8 00 


per month. 


22 50 


u 


,600 00 


per year. 


700 00 


«« 


600 00 


a 



18 

m 

Estimated debt of the Raleigh and Gaston Rail Road. 
November 1st, 1848. 

Balance yet due on the amount incurred pre- 
vious to the 1st January last, exclusive of 

about $11,100 paid the present year, $4,950 00 

Balance for recent purchases of R. R. Iron, 6,800 00 

» Railing, 229 00 

Sills, 4,500 00 

« Wood, 2,200 00 

« Locomotive, 3,072 00 

« Negro hire, 872 00 

" Sundries, 4,630 00 



$27,253 00 



Peduct am't of means reported by the Treas- 
urer, 3,763 93 



$18,489 07 
THO. MILLER, President. 



[HOUSE OF COMMONS DOCUMENT, NO. 12.] 



STATEMENTS, 



SHOWING THE CONDITION 



OF THE 



BANK OF THE STATE OF NORTH CAROLINA 



* 



AND THE 



MERCHANTS' BANK OF NEWBERN, 



RALEIGH: 
SEATON GALES, PRINTER, REGISTER OFFICE. 

1848. 



TREASURY OFFICE,? 
Dec. 8, 1848. f 
To the Honorable, the General Assembly of North Carolina: 

I have the honor herewith to transmit a Statement shewing the condition 

of the Bank of the State of North Carolina on the 25th of November, 1848. 

Also a Statement of the Merchants Bank of Newbern, on Monday, the 27th. 
ef Nov., 1848. Very respectfully, 

C. L. HINTON, Pub. Treas. 



GENERAL STATEMENT SHOWING THE CONDITION OF r \ 



'Notes Discounted, 
Suspended Debt, 


1,849,539 00 
123,959 41 


1,973.498 41 

193,000 00 
420.184 13 

13,214 45 

1,071 34 
1,192 45 

8,404 69 
9,334 41 




U. S. 6 per cent, stock, 

Bonds R. & G. R. R. Company, 

Rock Fish Stock, 


100,000 00 
83,000 00 
10,000 00 




Bills of Exchange, 
Real Estate, 

DUE FROM OTHER BANKS. 

Merchants' Bank, Now York, 
Fulton do do 


12,294 62 
919 83 


2,586,6? 
44,36 


Bank of North America, Philadelphia, 
Farmers' and Mechanics' Bk. Do. 


46 83 
1,024 51 




Merchants' Bank, Baltimore, 

Farmers' Bank, Richmond, 
Do Norfolk, 
Do Danville, 
Do Petersburg; 

Exchange Bank, Clarksville, 
Do Norfolk, 

Bank of Virginia, Danville, 


95 56 
62 08 
1,575 28 
2,508 91 
66 83 
2,325 20 
1,770 83 




Bank of Cape Fear, Wilmington, 
Commercial Bank, Do 


2,903 95 
6,430 46 


33,2 


NOTES OF OTHER BANKS. 

Virginia, 
South Carolina, 
North Carolina, 


392,103 68 
22,444 98 

105,865 51 
41,411 10 


5,564 00 

585 00 

76,903 00 


83,0 


SPECIE. 

Silver, 
Gold, Coin, 
Eo Bullion, 

Cents, 

Vouchers unadjusted, 

Bills and Checks in Transitu, 

•Due by Directors, 
" Stockholders not Directors, 


209,013 67 

414,548 66 
32 40 


623,5 


Dollars 
147,276 61 


5 
13,1 


3,384,5 







F THE STATE OF NORTH CAROLINA, -Am Nov., 1843. 



Itock, 

'rofit aud Loss, 

nt Fund, 

)ffice, 

reasurer of North Carolina, 

HIE TO OTHER BANKS. 

nmann, Cashier. New York, 
's Bank, Do 

Jkgs. Ins. Co. Newark, 
's Bank, Philadelphia, 
Bank, Baltimore, 
nk of Maryland, Baltimore, 

Virginia, Petersburg 
Norfolk, 

?ape Fear, Fayetteville, 
Do Washington, 

OTES IN CIRCULATION. 

Principal Bank, Raleigh, 
3ranch, Newbern, 
** Tarboro,' 
" Fayetteville, 
" Wilmington, 
" E. City, 
'* Charlotte, 
" Milton, 
" Morganton, 

.s unpaid, 



258,288 
7,685 



1,674 95 
2,804 23 



718 22 

166 56 



375 73 
3,417 07 



4,479 1C 



S16 
1,133 

884 



7,000 00 
984 95 



136,723 00 
100,490 00 
168,536 00 
197.267 00 
99,608 00 
247,338 00 
141,795 00 
105,884 00 



73 
80 
95 
129,481 00 



.792 



7,934 



i,;:oo,ooooo 

265,973 81 

23,094 35 
36,331 77 



1.9,992 37 



1,197,641 0011,327,122 00 



Dollars 



2,386 00 
210,678 34 



3,384,581 &4 



C. DEWEY, Cashier. 



MERCHANTS' BANK OF NEWBERN, > 
December 5, 1848. $ 
Charles L. Hinton, Esq., Pub. Treas. of N. C: 

Dear Sir — I send you herewith, for the General Assembly now in session, 
a Statement shewing the condition of the Bank on the 27th ult. 

I am. very respectfully, your ob't serv't., 

W. W. CLARK, Cashier. 






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[HOUSE OF COMMONS DOCUMENT, NO. 18.] 



A B I L L 



FOR THE 



MORS SPEEDY 



AND 



CERTAIN ADMINISTRATION 



OP 



JUSTICE 



II 



RALEIGH : 

SSEATON GALES, PRINTER FOR THE STATE. 

1848- 



House or Commons, Thursday, 14th Dec. 1843. 
The Committee on the Judiciary to whom was referred 
" A Bill for the more speedy and certain administration 
of Justice," have instructed me to report the same back 
to the House and recommend its passage with the accom- 
panying amendments, to-wit ; strike out the first and 
second Sections of the Bill and insert the amendments 
marked " A." Strike out the sixteenth Section of said 
Bill and insert the amendment marked " B." In the 
third Section strike out the words, " and at the several 
times herein before specified." 

K. T. PAINE, Chairman. 



A BILL 

For the more speedy and certain administration 
of Justice. 



Section. I. Be it enacted by the General Assembly of 

2 the State of North Carolina, and it is hereby enacted by 

3 the authority of the same, That hereafter the State shall 

4 be divided into nine Judicial Circuits, as follows, viz : 

5 The first circuit to be composed of the Counties of • 
6 

7 The Second Circuit to be composed of the Counties 

8 of 
9 

10 The Third Circuit to be composed of the Counties 

11 of 
12 

1 3 The Fourth Circuit to be composed of the Counties 

14 of 
15 

16 The Fifth Circuit to be composed of the Counties 

17 of 
18 

19 The Sixth Circuit to be composed of the Counties 

20 of 
21 

22 The Seventh Circuit to be composed of the Counties 

23 of 
34 



25 The Eighth Circuit to be composed of the Counties 

26 of 

27 The Ninth Circuit to be composed of the Counties 

28 of 
29 

Sec II. Be it further enacted : That from and aftei 

2 the passage of this Act that there shall be held thret* 

3 Terms a year of the Superior Courts of Law and Equi- 

4 ty in each County in this State ; and said Courts shall 

5 be held under the same rule, regulations and provis- 

6 ions in all respects, as the Superior Courts of Law and 

7 Equity have heretofore been held, and at the times 

8 hereinafter expressed, (to- wit :) 

9 In the First Circuit, in the County of 

10 1 

11 In the Second Circuit in the County of 
12 

13 In the Third Circuit in the County of 

14 

15 In the Fourth Circuit in the County of 

16 

17 Inthe Fifth Circuit in the County of 

18 In the Sixth Circuit in the Comity of 
19 

20 In the Seventh Circuit in the County of 

21 

22 In the Eighth Circuit in the County of 

23 

24 In the Ninth Circuit in the County of 

25 

Sec III. Be it further enacted : That the said Su- 

2 perior Courts of Law and Equity shall be held in 

3 the several Counties by the Judges thereof now in 

4 office, and by two additional Judges of said Courts 

5 to be appointed by virtue of this Act, and their sue- 

6 cessors in office. 



Sec IV. Be it further enacted: That there shall be 

2 elected by the joint vote of the two Houses of this Oen- 

3 eral Assembly two Judges in addition to the present 

4 number of Judges of the Superior Courts of Law and 

5 Equity, who shall be entitled to receive the same sal- 

6 aries as the Judges of said Courts have heretofore 

7 been allowed, and shall have and exercise the same 

8 power and authority, right and privileges, as the pre- 

9 sent Judges of said Courts have and exercise. 

Sec. V. Be it further enacted : That said Superior 

2 Courts of Law and Equity shall continue to have and 

3 exercise the same jurisdiction, both civil and criminal, 

4 at Law, and in Equity, that the present Superior 

5 Courts of Law and Equity have and exercise ; and in 

6 addition thereto the said Superior Courts of Law shall 

7 hereafter have and exercise sole and exclusive original 

8 jurisdiction of all pleas whatsoever requiring the inter- 

9 vention of a jury, whereof the present Superior Courts 

10 or the several Courts of Pleas and Quarter Sessions 

11 have heretofore had jurisdiction. 

Sec VI. Be it further enacted : That hereafter no 

2 suit, whether civil or criminal, wherein the interven- 

3 tion of a jury may be necessary, shall originate in any 

4 of the Courts of Pleas and Quarter Sessions for this State 

5 nor shall said Courts of Pleas and Quarter Sessions 

6 hereafter try any causes wherein a jury maybe nece:- 

7 sary, nor shall any juries be summoned to attend said 
3 Courts ofTleas and Quarter Sessions. 

Sec VII. Beit further enacted: That hereafter all 

2 appeals from judgments rendered by Justices of the 

3 Peace in civil cases, and all recognizances taken by 

4 Justices of the Peace in criminal proceedings shall be 

5 returnable to the next ensuing Superior Court of Law 

6 for the County in which they are taken, under the same 
i rules and regulations now required by Law. 



6 

Sec VIII. Be it further enacted: That the Courts 

2 of Pleas and Quarter Sessions for the several Coun- 

3 ties in this State, are hereby required at their terms 

4 next after this Act goes into operation, to take up 

5 their respective State Dockets and in regular order 

6 bind over the parties therein, together with the wit- 

7 nesses, to the next ensuing Superior Court of Law for 

8 each County respectively. 

Sec IX. Be it further enacted : That it shall be the 

2 duty of the clerks of the several Courts of Pleas and 

3 Quarter Sessions in this State, within twenty days 

4 immediately after the terms of their respective Courts 

5 held next after this Act goes into effect, to make out 

6 a transcript of all suits whether civil or criminal, then 

7 pending in their respective Courts and deliver the 

8 same, together with all papers relating thereto, to the 

9 clerks of the Superior Courts of their respective 
10 Counties. 

Sec X. Be it further enacted: That it shall be the 

2 duty of the clerks of the several Superior Courts to re- 

3 ceive such transcripts and original papers and imme- 

4 diately enter them in their respective dockets, in reg- 

5 ular succession, observing the order of precedence of 

6 each suit as indicated by its number, and in such order 

7 said suits shall stand for trial. 

Sec XI. Be it further enacted : That hereafter when 

2 any will, or paper, purporting to be the last Will and 

3 Testament of any person, is brought into any of the 

4 Courts of Pleas and Quarter Sessions of this State, 

5 for probate, and the probate thereof is contested, and 

6 an issue of devisavit vel non is joined, the clerk of such 

7 Court shall make a record of such issue and shall 

8 within ten days after the rise of said Court make out 

9 a transcript of such record, which, together with the 
10 original will or paper purporting to be a will, shall 
! 1 be delivered by him to the clerk of the Superior Court 

\ 



12 of the County in which the same maybe presented ; 

13 and the clerk of said Superior Court shall . re- 

14 ceive and enter the same on his Docket ; and the sev- 

15 eral Superior Courts shall have full power and au- 

16 thority to try and determine all such cases ; and it 

17 shall be the duty of the clerks of said Superior Courts, 

18 whenever any case may be determined in accord- 

19 ance with the above provisions, to issue a certificate 

20 thereof to the Court of Pleas and Quarter Sessions of 

21 the County from which the same may have originat- 

22 ed, with the original will or paper, which shall be re- 

23 corded by said Court of Pleas and Quarter Sessions 

24 as evidence of the probate or rejection of said will. 

Seo. XII. Be it further enacted, That in all cases of 

2 Caveat for land, the same proceedings shall be had 

3 and observed by the clerks of the Courts of Pleas and 

4 Quarter Sessions and Superior Courts respectively, 

5 as are prescribed in the eleventh section of this Act 

6 in regard to Wills ; and in all issues of Bastardy, in 

7 all issues of Fraud made up under the Insolvent Debt- 
S or'a law, and in all other cases whatsoever, where the 
9 Courts of Pleas and Quarter Sessions properly have 

10 jurisdiction of the subject matter, but on issue being 

11 joined, the intervention of a Jury may be necessary to 

12 try the same, and where the said Courts have hereto- 

13 fore had the right to make up such issue and try the 

14 same, it shall be the duty of the clerks of said Courts to 

15 make out a transcript of the record of any such ease 

16 within ten days after the rise of the Court at which 

19 such issue may have been joined, and deliver it with 

20 all papers relating thereto, to the clerk of the Superior 

21 Court of that County ; and it shall be the duty of said 

22 Superior Court Clerk to receive and enter the same 

23 on his docket ; and the said Superior Courts are here. 

24 by authorized to take such proceedings therein as re- 

25 quired by law. 



Sec. XIII. Be it further enacted, That on any cause or 

2 issue being removed into any of said Superior Courts 

3 from any Court of Pleas and Quarter Sessions oroth- 

4 er inferior tribunal under the provisions of this act, 

5 it shall be the duty of the several clerks of said Courts 
G on the application of either Plaintiff or Defendant to 
7 issue subpoenas and other process as now required 
S by law. 

Sec. XIV. Be it further enacted, That if any clerk 

2 of the several Courts of Pleas and Quarter Ses- 

3 sions or of the several Superior Courts shall 

4 either fail or neglect to perform the duties required 

5 of him by the several provisions of this act, such 

6 clerk shall forfeit and pay the sum of one hundred 

7 dollars for each and every case of failure or neglect, 

8 to be recovered by an action of debt in the name, 

9 and for the use, of the person injured by such failure 
10 or neglect. 

Sec. XV. Be it further enacted, That the several So- 

2 licitors of the Superior Courts now in office shall 

3 be assigned to the Circuits in which they respectively 

4 reside, as follows, viz : John S. Hawks shall be the 

5 Solicitor of the Circuit ; W. N. H. Smith 

6 shall be the [Solicitor of the Circuit ; 

7 Thomas S. Ashe shall be the Solicitor of the 

8 Circuit ; John F. Poindexter shall be the So- 

9 licitor of the Circuit ; Daniel Coleman 

10 shall be the Solicitor of the Circuit ; 

11 Burgess S. Gaither shall be the Solicitor of the 

12 Circuit ; and the Attorney General, B. F 

13 Moore, shall be the Solicitor of the Cir- 

14 cuit ; and there shall be elected by the joint vote of 

15 the two Houses of this General Assembly, two other 

16 Solicitors of said Courts in addition to those now in 

17 office; one for the Circuit and one for 

18 the Circuit, who shall be allowed to re- 



19 eeive the same salaries and fees, and shall hold their 

20 offices for the same Time and in all other respects, 

21 as the present Solicitors of said Courts. 

Sec. XVI. Be it further enacted. That it shall be law- 

2 ful for the several Judges of the Superior Courts of 

3 Law and Equity (if they so prefer) to arrange the 

4 nine Judicial Circuits into three divisions, as follows ; 

5 the first, second and third Circuits shall constitute the 

6 Eastern Division; the fourth, fifth and sixth Circuits, 

7 shall constitute the Middle Division; and the seventh, 

8 eighth and ninth Circuits shall constitute the Western 
* 9 Division ; and they may further allot themselves 

10 into three classes and assign one class to each Divis« 

11 ion, and the Judges allotted to each Division, shall 

12 hold the Courts in the several Circuits therein and 

13 shall so allot the Circuits in such Division among 

14 themselves, that no Judge shall be assigned to hold 

15 the Courts on the same Cirouit twice in succession: 

16 provided that nothing herein contained shall prevent 

17 either of the Judges of one Division, at any time, 
IS from exchanging Circuits with either of the Judges 

19 of any other Division and alternating with each other 

20 throughout the State as heretofore. 

Sec. XVII. Be it further enacted : That this Act 

2 shall be in force and take effect from and after the 

3 day of next 

Sec XVIII. Be it further enacted : That all laws and 

2 clauses of laws conflicting with the provisions of this 

3 Act be and the same are hereby repealed. 



lu 

AMENDMENTS. 

A 

Sec* I. Be it enaeted, $c, That hereafter the State 

2 shall be divided into nine Judicial Circuits, and there 

3 shall be held in each and every County therein three 

4 terms a year of the Superior Courts of Law and 

5 Equity. 

Sec. II. Be it further enacted : That the present Gen- 

2 eral Assembly shall provide for the division of the 

3 State into nine Judicial Circuits as aforesaid, and shall 

4 fix the terms for holding the several Courts therein. 

B. * 

Sec. XVI. Be it further enacted : That in all elections 

2 hereafter to be made for Judges of the Superior Courts 

3 of Law and Equity, the election shall be made for 

4 some one Judicial Circuit in which there is no Judge 

5 resident, and it shall be the duty of the Judge so elected 

6 to reside in some one of the Counties of the circuit 

7 for which he shall have been chosen, so long as he may 

8 hold the office] Provided, however that this clause 

9 shall not be so construed as to alter the law' which 

10 now requires the Judges of said Courts to allot the 

11 several circuits among themselves, and allows them 

12 to exchange Courts. Provided further, that nothing in 

13 this Act contained shall be so construed as to confine 

14 the election to any person residing in any particular 

15 circuit in the State. 



[HOUSE OF COMMONS DOCUMENT, NO, 14.] 

A BILL 

CONCERNING A CONVENTION 

TO 

AMEND 

THE 

CONSTITUTION 

OF 

NORTH CAROLINA, 



RALEIGH: 

SEATON GALES, PRINTER FOR THE STATE* 
1848, 






A BILL 

Concerning a convention to amend the Consti* 
tution of the State of North Carolina. 



Whereas it is strenuously insisted on by many of the 

2 citizens of this State, that the provisions in the Con- 

3 stitution, requiring a freehold qualification to entitle 

4 persons to vote for members of the Senate, in the 

5 General Assembly, operates as a heavy grievance 

6 upon a large portion, if not a majority of the freemen 

7 of the State ; and whereas it is insisted by many that 

8 a majority of the freemen of the State demand a 

9 change in the constitution, so as to extend the right 

10 of voting for members of the Senate to all who are 

1 1 entitled to vote for members of the House of Com- 

12 mons ; and whereas the General Assembly believe 

13 that if this be a grievance it should be remedied as 

14 soon as possible ; and whereas they consider it their 

1 5 duty to adopt measures for ascertaining the will of 

16 their constituents and to provide the means for carry- 

17 ing that will into effect when ascertained ; therefore, 

Section. I. Be it enacted by the General Assembly of 

2 the State of North Carolina, and it is hereby enacted by 

3 the authority of the same, That the Court of Pleas and 

4 Quarter Sessions of each and every County in the 

5 State, at th6 first term that shall b6 held after ths 



4 

6 first day of January, eighteen hundred and forty nine 

7 shall appoint two inspectors to superintend the polls to 

8 be opened at each and every election precinct in said 

9 Counties, for ascertaining by ballot, the will of the 
10 freemen of North Carolina, relative to the meeting of 
11a State Convention. And if any Court or Courts 

12 shall fail to make such appointments, or if any in- 

13 spector, so appointed, shall fail to Act, it shall be the 

14 duty of the Sheriff, or the person acting as his deputy 

15 on such occasion, with the advice of one Justice of 

16 the Peace ; or if none present, with the advice of three 

17 freeholders, to appoint an inspector, or inspectors, in 

18 the place of him or them who failed to act, which in- 

19 spectors, when duly sworn by some Justice of the 

20 Peace, or freeholder, to perform the duties of the 

21 place with fidelity, shall have the same authority as 

22 if appointed by the Court. 

Sec. II. Beit further enacted: That it shall be the 

2 duty of the Sheriffs of the respective Counties in this 

3 State, to open polls at the several election precincts 

4 in said Counties on the first Thursday in April 1849. 
5 when and where all persons qualified 

6 by the Constitution to vote for members of the House 

7 of Commons, may vote for, or against a State Con- 

8 vention ; those who wish a Convention voting with a 

9 printed or written ticket, " Convention," and those 

10 who do not want a Convention voting in the same 

11 way, " No Convention," or " against Convention." 

Sec. III. Be it further enacted, That it shall be the 

2 duty of the Sheriffs to make duplicate statements of 

3 their polls in their respective Counties, sworn to be- 

4 fore the Clerk of the bounty Court, one copy of which 

5 shall be deposited in said Clerk's office, and the other 
fi transmitted to the Governor of the State, at Raleigh, 
7 immediately after the election. 

Sec. IV. Be it further enacted, That it shall be the 
2 duty of the Governor as soon as he shall have receiv- 



'■j ed the returns of the Sheriffs in the presence of the 

4 Secretary of State, Public Treasurer and Comptroller, 

5 to compare the number of votes for and against a 

6 Convention ; and if it shall appear that a majority of 

7 the votes polled are in favor of it, he shall forthwith 
S publish a proclamation of the fact in such newspapers 
9 as he may think proper ; and he shall issue a writ of 

10 election to every Sheriff of the State, requiring him 

11 to open polls for the election of delegates in the Con- 

12 vention, at the same places, and under the same rules 

13 as prescribed for holding other State elections, and 

14 at such time as the Governor may designate. 

Sec. V. Be it farther enacted, That the same persons 

2 who were appointed to hold the polls in taking the 

3 vote on Convention, shall hold them for the election of 

4 delegates. Provided, that if any of such inspectors 

5 shall fail to attend or act, the Sheriffs and their depu- 

6 ties shall supply their places in the manner hereinbe- 

7 fore pointed out. 

Sec. VI. Be it further enacted, That the several Coun- 

2 ty Courts shall allow the Sheriffs the same compen- 

3 sation for holding said elections that they usually al- 

4 low for holding other State elections. And if any 

5 Sheriff or other officer appointed to hold said elections 

6 shall fail to comply with the requisitions of this act, 

7 he shall be liable to a fine of one thousand dollars, re- 

8 coverable before any competent jurisdiction, to the 

9 use of the County whose officer he is, and it shall be 

10 the duty of the County Solicitors to prosecute such 

11 suits. 

Sec. VII. Be it further enacted, That all persons qual- 

2 ified to vote for members of the House of Commons, 

3 under the present Constitution, shall be entitled to vote 

4 for members to said Convention ; and all free white 

5 men, of the age of twenty one years, who shall have 

6 been resident in the State one year previous to, and 



7 shall continue to be so resident at the time of the elec- 
7 tion, shall be eligible to a seat in said Convention, 

Skc. VIII. Be it further enacted, That each Coun- 

2 ty in this State shall be entitled to elect the same 

3 number of delegates to said Convention, that said 

4 County is entitled to members of the House of Com- 

5 mons in the General Assembly, and no more . 

Sec. XIII. Be it further enacted, That if any vacancy 

2 shall occur in any County delegation, by death or oth- 

3 erwise, the Governor shall forthwith issue a writ to 

4 supply the vacancy. And the delegates shall convene 

5 in or near the City of Raleigh on the first Thursday in 

6 June next, and provided that a quorum does not attend 

7 on that day, the delegates may adjourn from day to 
S day until a quorum is present; and a majority ofdel- 
9 egates elected shall constitute a quorum to do busi- 

10 ncss. 

Sec. X. Be it further enaeied, That no delegate elect 

2 shall be permitted to take his seat in Convention until 

3 he shall have taken and subscribed the following oath 

4 or affirmative : I, A. B. do solemnly swear (or affirm 

5 as the case may be) that I will not, either directly 

6 or indirectly evade or disregard the duties enjoined, or 

7 the limits fixed to this Convention by the peeple of 

8 North Carolina, as set forth in the Act of the General 

9 Assembly passed in ISIS entitled, '• An Act concern- 

10 ing a Convention to amend the Constitution of the 

11 State of North Carolina," which Act was ratified by 

12 the people; so help me God." 

Sec. XL Be it further enacted, That the Public Treas- 

2 urer be and he is hereby authorized to pay upon the 

3 warrant of the Governor such sums of money as may 

4 be necessary for the contingent charges of the Conven- 

5 tion, and also to pay each member of the Convention 

6 one dollar and fifty cents per day, during his atten- 



7 dance thereon, and five cents for every mile he may 
fi travel to and from the Convention. 

Sec. XII. Be it further enacted, That it shall be the 

2 duty of the Governor, immediately after the ratifica - 

3 tion of this act, to transmit a copy to each. County 

4 Court Clerk in the State, and to cause it to be pub- 

5 lished until the meeting of the Convention, in the news? 

6 papers of the State. 

Sec. XIII. Beit further enacted, That the following 

2 proposition shall be submitted to the people for their 

3 assent or dissent to the same; the former of which 

4 shall be understood as expressed by the votes for 

5 " Convention," and the latter by the votes, " No Con- 

6 vention," or " Against Convention," at the time and in 

7 the mode hereinbefore provided, to-wit : That the 

8 said Convention, when a quorum of the delegates who 

9 shall be elected are assembled shall frame and devise 

10 an amendment to the Constitution of this State, so as 

11 to provide, that all persons entitled to vote for mem- 
12bers of the House of Commons, shall also be entitled to 

13 vote for the members of the Senate in the General 

14 Assembly — and that said Convention shall not make 

15 any other alteration or amendment of the Consti- 

16 tution. 

Sec XIV. Be it further enacted, That if a majority 

2 of votes at the election first directed to be held bv 

3 this Act, shall be found " for Convention," it shall be 

4 considered and understood that the people by their 

5 vote as aforesaid, have conferred on the delegates to 

6 said Convention, the power and authority to make 

7 the alteration and amendment in the existing Consti- 

8 tution of the State in the particular herein enumerated 

9 but in no other. 

Sk«, XV. Be it further enacted, That the said Con- 
2 vention after having adopted an amendment to the 



3 Constitution in the said particular, shall prescribe the 

4 mode for the ratification of the same by the people, 

5 and shal 1 prescribe all necessary ordinances and reg- 

6 ulations for the purpose of giving full operation and 

7 effect to the Constitution as altered and amended. 



[HOUSE OF COMMONS DOCUMENT, NO. 15.] 



BILL 



TO 



ESTABLISH 



THB 



BANK 



OF 



FAf BTTlfUfcB. 



RALEIGH: 
SEATON GALES, PRINTER FOR THE STATE. 
1848. 




. 8 J J 




ABILL 

To establish the Bank of Fayetteville. 



[INTRODUCED BY MR. DOBBIN.j 



Sec. I. Be it enacted by the General Assembly of the 

2 State of North Carolina and it is hereby enacted by the 

3 authority of the same, That a Bank shall be established 

4 in the Town of Fayetteville, the Capital Stock of which 

5 shall not exceed three hundred thousand dollars, divi- 

6 ded into Shares of fifty dollars each and that for 

7 the purpose of receiving subscriptions for said Stock, 
S books shall be opened on the first day of February, 
9 one thousand eight hundred and forty nine, and re- 

10 main open for the space of sixty days, at Fayetteville, 

11 under the superintendance of the following per- 

12 sons or a majority of them, viz: James Kyle, Henry 

13 Lilly, J. D. Starr, James Martin, J. T. Gilmer, 

14 and at such other places, under the super- 

15 perintendance of such persons as said Commissioners 

16 may direct. 

Sec II. Be it further enacted. That one tenth of such 

2 Shares shall be paid in gold or silver or their equiva- 

3 lent to the Commissioners above named at the time 

4 of subscribing; that another tenth shall be paid within 

5 thirty days thereafter; that another tenth shall be paid 

6 within sixty days ; that another tenth shall be paid 

7 within ninety days ; that another tenth shall be 



8 paid within one hundred and twenty days, and 

9 that the remainder shall be paid as the President 

10 and Directors, hereinafter provided to be elected, may 

11 direct, and if any subscriber shall fail to pay any in- 

12 stalment at the time stipulated, he shall pay interest 

13 thereon, at the rate of six per cent per annum, and his 

14 Stock shall be forfeited and may be sold by the Bank, 

15 and the proceeds applied to the payment of the afore- 

16 said deficient instalment, and he shall be held respon- 

17 sible for the same at the option of the Bank, and the 

18 balance if any of such sale, to be paid over to said 

19 subscriber. Provided, that no dividend shall be de- 

20 clared until the whole amount of Stock subscribed 

21 shall be paid in gold or silver or their equivalent. 

Sec. III. Be it further enacted, That when two thou- 

2 sand Shares are subscribed, and the sum of twenty - 

3 five thousand dollars is actually paid to the Commis- 

4 sioners, the subscribers to the said Bank, their succes- 

5 sors and assignees shall be and are hereby created, a 

6 body politic, in law and in fact, by the name and style 

7 of the Bank of Fayetteville, and shall so continue un- 

8 til the first day of January, one thousand eight hun- 

9 dred and seventy-five ; and by the name and style 
9 aforesaid, they shall be and are hereby made able and 

10 capable in law, to have ; purchase receive, possess, en- 

11 joy and retain to themselves, and successors, land, 

12 tenements, rents, hereditaments, goods, chattels and 

13 effects, and the same to grant, devise, alien and dis- 

14 pose of, to sue and be sued, implead and be impleaded 

15 answer and be answered, defend and be defended, in 

16 Courts of record, or any other place whatsoever, and 

17 also to make, have and use a common seal and the 

18 same to break, alter or renew, at their pleasure, and 

19 also to ordain, establish and put into execution such 

20 bve laws, ordinances and regulations as shall seem 

21 necessary and convenient, for the government of said 

22 corporation, and for the making whereof, genera! 



23 meetings of the Stockholders may be called in (he 

24 manner hereafter specified ; and generally to do and 

25 execute all acts, matters and things which a cor- 

26 poration and body politic in law may or can lawfully 
2S execute, and be subject to the rules, regulations, re- 

29 strictions, and provisions hereafter prcscibed and de- 

30 clared. 

Sec IV. Be it further enacted, That as soon as two 

2 thousand shares shall be taken in the stock of said 

3 bank, and twenty five thousand dollars paid to the 

4 Commissioners who Keep the books, notice shall be 

5 given in the Gazettes published at Fayetteville — 

6 and a meeting of the subscribers, to be held ten days 

7 at least after the date of the notice, shall be called. 
S If at this meeting, those or their agents, who have a 
9 majority of votes, according to the rates hereinafter 

10 described, be present (if not another meeting shall be 

11 called) they shall proceed to the election of nine 

12 directors, who shall take charge of the books and 

13 money in the hands of I he Commissioners and imme- 
14diately pursue the usual means to put the Bank in 

15 operation. The said directors shall remain in office un- 

16 til the first Monday in May, one thousand eight hun- 

17 dred and fifty, or until their successors shall be ap- 

18 pointed, and on the first Monday in May, in each year, 

19 or at any time thereafter, meetings of the Stocholders 

20 shall be keld in the town of Fayetteville, for the pur- 

21 pose of electing directors, inquiring into the affairs of 

22 the institution and making such regulations as may 

23 be deemed fit and necessary. 

Sec. V. Be it further enacted, That the following 

2 rules, regulations and provisions shall form and be the 

3 fundamental articles of the Constitution and Corpora- 

4 tion : A meeting of Stockholders cannot be held, un- 

5 less those who have a majority of the whole number 

6 of votes be present, and every act shall require the 



7 sanction of the majority of the votes which may be 

8 present ; every Stockholder holding one share, and not 

9 more than two, shail be entitled to one vote; for every 

10 two shares above two, and not exceeding ten one 

11 vote; for every three shares above ten and not exceed- 

12 ing one hundred, one vote, and for every four shares 

13 above one hundred, one vote; after the first meeting no 

14 share or shares shall confer a right of voting, which 

15 shall not have been holden three calendar moths, pre- 
10 vious to the day of voting. Stockholders may vote at 
17 general meetings and elections by proxy, the proxy 
IS being himself a Stockholder. No President, Cashier, 

19 Agent or Clerk of the principal Bank, its offices 

20 and agencies, shall be permitted to vote, as proxy for 

21 another. None but a Stockholder, who is a citizen of 

22 the State, shall be eligible as a director, and the di- 

23 rectors when appointed shal! choose one of their num- 

24 ber (which shall always be nine) to be President of 

25 the Bank, and shall manage the institution as shall 

26 seem best to them, unless otherwise directed by the 

27 Stockholders; but compensation to the President and 

28 Directors shall be granted at the pleasure of the Stock- 

29 holders. Not less than three Directors, of whom the 

30 President shall always be one, shall constitute a board 

31 for the transaction of business, except in case of ab- 

32 sence or sickness of the President, when he may, by 

33 writing, nominate any other Director to supply his 

34 place. A number of Stockholders, not less than ten, who 

35 together shall be the owners of two hundred shares or 
3(5 upwards, shall have power at any time to call a gen- 

37 eral meeting of the Stockholders, for purposes relative 

38 to the institution, giving at least twenty days notice in 

39 a public Gazette, and specifying the object or objects 

40 of such meeting. The Directors shall annually elect 

41 such officers as may be deemed necessary to perform 

42 the business of the Bank, and may remove them or 

43 either of them at pleasure ; those officers shall be re- 

44 quired to give bonds with two or more securities in 

45 sums not less than ten thousand dollars, with acondi 



46 tion for good behaviour and faithful performance of 

47 duty. The Cashier shall keep a book, to contain the 

48 proceedings of the Board of Directors, the names of 

49 those present, the date and day of each meeting, and 

50 shall record the yeas and nays on any question, when 

51 asked for by a Director. This book shall be evidence 

52 in Courts of Justice against said Bank, and on enter- 

53 ing on discharge of his duties, the Cashier shall take 

54 the following oath or affirmation before some justice 

55 of the peace, by whom it shall be deposited in the of- 

56 fice of the Clerk of the County Court of Cumberland, 
5? viz : I. A. B. do solemnly swear (or affirm as the case 

58 may be) to keep ajust and true record, without alter- 

59 ation in or erasure of the transactions of the Board 

60 of Directors of the Bank of Fayetteville, in a book to be 

61 kept by me for that purpose." The said corporation 

62 shall purchase, and hold only such lands, tenements, 

63 rents and hereditaments as shall be required for the 

64 convenient transaction of its business, or shall have 

65 been bonaf.de mortgaged to it by way of security, or 

66 conveyed to it in satisfaction of debts previously con- 

67 tracted, in the course of its dealings, or purchased at 

68 sale upon judgments which shall have been obtained 

69 for such debts. The said corporation shall neither di- 

70 rectly nor indirectly trade in any thing, except bills of 

71 exchange, promissory notes, and bonds expressing on 

72 the face of them, to be negotiable and payable at said 

73 bank, gold or silver bullion, or in the sale of goods re- 

74 ally and truly pledged for money lent, and not re- 

75 deemed in due time, or in goods which shall be the 

76 produce of its lands, mint certificates, the public 

77 debts of the United States. Provided, the investment 

78 in such stock shall not exceed one half of the capital 

79 stock of this Bank, neither shall the said Corporation 

80 take more than at a rate of six per cent per annum, 

81 for or upon its loans and discounts, which interest may 

82 be taken in advance at the time of discount. The total 

83 amount of debts which said Corporation shall at one 

84 time owe, shall not exceed twice the amount of the 



S-5 stock actually paid in, over and above the sum then 
80 actually deposited in the Bank for safe keeping. If a 
87 vacancy in the directory shall occur, by death, resig- 
8S nation or otherwise, the remaining directors shall fill 

89 such vacancy until the succeeding annual meeting of 

90 the stockholders. The stock of the said corporation 

91 shall be assignable and transferable according to 

92 the rules which shall be instituted in that behalf 

93 by the laws and ordinances of the same. The officer at 

94 the head of the Treasury Department of the State 

95 shall be furnished once in six months with a state- 
9l> ment of the amount of Capitol Stock of said corpora- 
97 tion, and the debts due the same, of the monies deposi- 
9S ted therein, of the notes in circulation, and of the cash 

99 in hand, and shall have a right to inspect such general 

100 accounts, in the books of the Bank, as shall relate to 

101 the said statement. Provided, that this shall not be 

102 construed to a right of inspecting the accounts of 

103 any private individual with the Bank, except of the 

104 directors. The bills obligatory and of credit, under 

105 the seal of said corporation, which shall be made to 

106 any person or persons, shall be assignable by endorse- 

107 ment thereon, under the hand or hands of such per- 

108 son or persons, and of his, her, or their assignee or 

109 asignees, and so as absolutely to transfer and vest 

110 the property therein, in each and every assignee or 

111 assignees successively, and to enable such assignee 

112 or assignees to bring and maintain an action thereup- 

1 13 on in his, her,or their name or names, and bills or notes 

114 which may be issued by order of said corporation, 

115 signed by the President and countersigned bytheCash- 

116 ier, promising the payment of money to any person 

117 or persons, his, her, or their order, or to bearer, though 

118 not under the seal of said corporation shall be bind- 

119 ing and obligatory on the same, in the like manner, 

120 and with the like force and effect, as upon any pri- 

121 vate person or persons; that is to say, those which 

122 shall be payable to any person or persons, his, her or 
132 their order, shall be assignable by endorsement in 



124 like manner and with like effect as foreign bills of ex- 

125 change now are, and those which arc payable to 
12G bearer shall be negotiable and assignable by delive- 
127 ry only 

Sec. VI. Be it further enacted, That if any person or 

2 persons.holdingany note or notes of saidBank,shallpre- 

3 senUhe same for payment, & payment shall be refused, 

4 the said note or notes shall draw interest at the rate of 

5 12 per cent, per annum from the time of said demand, 

6 and the said bank shall pay the same, any law to the 

7 contrary notwithstanding; and the holder of the notes, 
S of said bank, if not paid on demand, may bring an ac- 

9 tion of assumpsit against one or all of the Directors 

10 who may have consented to issue more than twice 

11 the Stock paid in: provided, the Bank bo unable to pay 

12 the amount. 

Sec. VII. Be it further enacted, That in case of an in- 

2 solvency of the bank hereby created, or ultimate ina- 

3 bility on the part of this corporation to pay, the indi- 

4 vidual Stockholders shall be liable to creditors in sums 

5 double the amounts of Stock by them respectively held 

6 in said corporation. 

Sec VIII. Be it further enacted, That the Directors 

2 shall be allowed to keep open the Subscription Books 

3 until the whole of the Stock shall be taken. 

Sec IX. Be it further enacted, That if a Director or 

2 any other Officer, Agent or Servant, of said Corpora- 

3 tion, shall embezzle any of the funds belonging to said 

4 Bank, with the intent to defraud said Corporation, or 

5 make false entries upon the books of said Bank with 

6 intent to defraud said Corporation or any other person 

7 whatsoever, said Officer, Agent, or Servant, shall be 

8 held and deemed guilty of felony, and upon conviction 

9 thereof by due course of law, shall be punished by fine, 

10 at the discretion of Court, and imprisonment not ex- 

11 ceeding five years. 

2 



10 

Sec. X. Be it further enacted, That if any person shall 

2 falsely make, forge or counterfeit, or cause or procure 

3 to be falsely made, forged or counterfeited, or wiiling- 

4 ly aid or assist in falsely making, forging or counter- 

5 feiting any bill or note in imitation of, or purporting to 

6 be, a bill or note issued by order of the President and 

7 Directors of the. Bank of Fayetteville, or any order or 

8 check upon said Bank or Corporation, or any Cashier 

9 thereof, or shall falsely alter, or cause or procure to be 
10 falsely altered, or willingly aid or assist in falsely al- 
ii tering an} r bill or note issued by order of the said Cor- 
12 poration, or any order or check on said Bank, or any 
U Cashier thereof; or shall pass, or receive with intent 

14 to pass, alter or publish as true, any false, forged, or 

15 counterfeited bill or note,purporting to be a bill or note 
1G issued by order of.said Corporation, or any false, for- 

17 ged, or counterfeited check, or order upon the said 

18 Bank or any Cashier thereof, knowing the same to be 

19 falsely forged or counterfeited; or shall pass or receive 

20 with intent to pass or publish as true any falsely alter- 

21 ed bill or note issued by order of said Bank; or any 

22 falsely altered order or check on said Bank, or any 

23 Cashier thereof.knowing the same to be falsely altered 

24 with intent to defraud the said Corporation or any 

25 other body politic, or person or p<?rsons,every such per- 

26 son shall be deemed guilty of felony, and being there- 

27 of convicted by due course of law, shall be imprisoned 

28 not exceeding ten years, and fined not exceeding five 
20 thousand dollars. 

Sec. XL Be it further enacted, That the President or 

2 Cashier of said Bank shall annually pay into the Trea- 

3 sury of the State, twelve and a half cents on] each share 

4 of said Capital Stock, which may have been subscri- 

5 bed for and paid in; and the first payment of said Tax 
G shall be made twelve months after said Bank shall 
7 have commenced operations. 

Sec XII. Be it further enacted, That the Directors of 
2 said Bank may declare semi-annual dividends of the 



11 

3 profits thereof; and if at any time more than the real 

4 profits are divided, the Directors assenting thereto, 

5 shall be responsible in their private capacities, to 

6 creditors, who have claims against the said institu- 

7 tion. 

Sec. XIII. Be it further enacted, That the President of 

2 this Bank shall, in the first Week in December, in 

3 each and every year, transmit to the General Assem- 

4 bly a full statement of the condition of the Bank 

5 exhibiting the amount of Capital, Notes in circulation, 

6 debts due to other Banks, and to what Banks, depos- 

7 ites and all other particulars necessary to explain the 

8 debt side of the account ; also, specie on hand, notes 

9 of other banks, and what banks, bills of exchange 

10 debt or bonds, and notes discounted, specifying in one 

11 item the amount due from Stockholders, and in anoth- 

12 er, the amount due from Directors, not however using, 

13 any persons name in either case, and the real estate. 

Sec. XIV. Be it further enacted, That if any Presi- 
2 dent, Cashier, Clerk, or other Officer of the aforesaid 
8 Bank, shall knowingly, willingly, and with intent to 

4 deceive, make, or cause to be made, or connive at 

5 making any false return, statement or exhibit of the 
G condition of the Bank, either to the Treasury of the 

7 State, to the Legislature or to tlie Board of Directors, 

8 or to the Stockholders, or to any other person or per- 

9 sons, that may be authorized by the Legislature or 

10 by the Stockholders, to receive the same, such Presi- 

11 dent, Directors, Cashier, Clerk, or other Officer, and 

12 all persons aiding or abetting in such deception or 

13 false return, shall be liable to be indicted for a mis- 

14 demeanor in the Superior Courts, and upon convic- 

15 tion, shall be fined at the discretion of the Court and 
10 imprisoned not exceeding one year. 

Sec XV. Be it further enacted, That whenever the 
2 Legislature may be of opinion that the Charter of the 



12 

3 Corporation hereby granted shall have been violated, 

4 it may be lawful by joint resolution, to direct the At- 

5 torney General, with such assistant counsel as the 

6 Governor or Legislature may think proper fo engage, 

7 to issue a writ scire facias, returnable before the 

8 Judges of the Supreme Court, calling upon saidcor- 

9 poration to show cause why the Charter hereby grant- 

10 ed shall not be forfeited, subject to the same proceed- 

1 1 ings as are now prescribed by law, as in cases of oth- 

12 er Corporations. 

Sec. XVI. Be it further enacted, That if it shall h&p- 

2 pen. when the books shall be opened as aforesaid, that 

3 a greater sum than three hundred thousand dollars 

4 shall be subscribed by individuals or by bodies corpo- 

5 rate, it shall be lawful for the Commissioners to re- 
ft duce such subscriptions according to a scale by them 
7 to be established for that purpose, to the aforesaid 
S amount, of three hundred thousand dollars : provided, 
9 that no subscription of 2 shares or under shall be sca- 

10 led until all larger subscriptions shall first be reduced 

11 to an equality with them. 

Sec. XVII. Be it further enacted, That whenever the 

2 whole amount of the Capital Stock shall have been 

3 subscribed and paid in, in gold or silver or its equiva- 

4 lent, the President and Directors of said Bank shall 

5 have power to establish a Branch or Agency atWades- 
boro', in the County of Anson, and at Greensboro', in 

7 the County of Guilford — either or both places, at their 

8 discretion. 

Sec XVIII. Be it further enacted That the Stockhol- 

2 ders of said Bank shall have power to increase the 

3 Capital Stock to Five Hundred Thousand Dollars, 
i whenever in their opinion, the wants of the communi- 
5 ty may require it. 



[HOUSE OF COMMONS DOCUMENT, NO. 16.] 



BILL 



TO 



INC ORPORA TE 



THE 



NORTH CAROLINA 

RAH ROAD COMPAQ?, 



AND FOR OTHER 



PURPOSES 



RALEIGH: 
•BATON CALKS, PRINTER FOR THE STATE 
1848, 



itrifc 



4." 



. 



H A \J 4 



■ ■+..■. 






V 



A BILL 

To incorporate the North Carolina Rail Road 
Company, and for other purposes. 



[REPORTED BY MR. SHEPARD.] 



Sec. 1. Be it enacted by the General Assembly of North 

2 Carolina, and it is hereby enacted by the authority of 

3 the 'same, That it shall be lawful to open books in 

4 the City of Raleigh, under the direction of Wm. Boy- 

5 Ian, Charles L. Hinton, William H. Haywood, Jr. » 

6 Richard Smith, Josiah O. Watson and James F. Jor- 

7 dan, or any three of them. At Gaston, under the di- 

8 rection of Edmund Wilkins, Willis Sledge, Benjamin 

9 W. Edwards and James Grisham, or any three of 

10 them. At Warrenton, under the direction of William 

1 1 Eaton, Daniel Turner, Peter R. Davis and Wm. Plum- 

12 mer and Thomas T. T witty, or any three of them. At 

13 Ridge way, under the direction of George E. Basker- 

14 vill, Weldon N. Edwards, Michael Collins and Alex- 

15 ander B. Hawkins, or any three of them. At Hender- 

16 son, under the direction of John S. Eaton, John D. 

17 Hawkins, William Wandriers, Demetrius E. Young, 

18 or any three of them. At 

19 Franklinton, under the direction of Edward T.Fowlks, 

20 William H. Simons, 



if 



21 or any three of thejxi. At Hillsborough, under the di- 

22 rection of D. F. Long, John Berry ,'Edmund Strudwick, 

23 and Col. Cadwallader Jones, or any three of them. At 

24 Chapel Hill, under the direction of Elisha Mitchell, 

25 William H. Merritt, Jesse Hargrave and P. H. Mc- 

26 Dade, or any three of them. At Asheboro', under the 

27 direction of Henry B. Elliot, Alexander Hujan, Jesse 

28 Harper and Jonathan Worth, or any three of them.— 

29 At Greensboro', under the direction of John M. More- 

30 head, John A. Gilmer, Wilson S. Hill, John A.Mebane 

31 and Jesse H. Lindsay ,or any three of them. At James. 

32 town, under the direction of Richard Mendenhall.An- 
38 drew Lindsay. At Haywood, under the direction of 

34 Spencer W. McClenahan, Robert Fawcet, P. Evans, 

35 and or any three of them. At Pitts- 

36 borough, under the direction of J. A. Stedman, Joseph 

37 Ramsaj T , Green Womack and 

38 or any three of them. At Carthage, under the direc- 

39 tion of A.Currie, John M. , Cornelius Dowd 

40 and J. D. McNeil, or any three of them. At Lexing- 

41 ton, under the direction of William P. Holt, John M. 

42 Leash, Charles L. Payne and 

43 or any three of them. At Salisbury, under the direc- 

44 tion of Archibald H. Caldwell.Chas. F. Fisher, Horace 

45 L. Robards, Maxwell Chambers and Thomas L. Cow- 

46 an, or any three of them. At Charlotte, under the di* 

47 rection of David Parks, John A. Yonng, James W. Os- 

48 borne, Joseph H. Wilson and William F. Davidson, or 

49 any three of them. At States ville, under the direction 

50 of Theophilus Falls, William F. Cowan, Thomas A. 

51 Allison and or any three of them. At 

52 Concord, under the direction ofRufusBarringer.Kiah 

53 P. Harriss, Daniel Coleman and 

54 or any three of them. At Mocksville.under the direc* 

55 tion of John A. Lillington, Gustavus A. Miller, Archi- 

56 bald G. Carter and or 

57 any three of them. At ►Salem, under the direction of 
58 

59 



60 or any three of them. And at such other places and 

61 under the direction of such other persons, as any three 

62 of the Commissioners herein before named, to super- 

63 intend the receiving of subscriptions at Raleigh, shall 

64 direct, for the purpose of receiving subscriptions to an 

65 amount not exceeding two millions of dollars, in shares 

66 of one hundred dollars each, for the purpose of affec- 

67 ting a communication by Rail Road, from Gaston, on 

68 the Roanoke River, by way of Raleigh, and by or near 

69 Salisbury, to the town of Charlotte, in the County of 

70 Mecklenburg; and for providing every thing necessa- 

71 ry and convenient for the purpose of transportation 

72 on the same. 

Sec. II. The times and places for receiving subscrip- 

2 tions shall be advertised in one or more newspapers 

3 published in the City of Raleigh, and in such other 

4 places as three of the Commissioners in Raleigh may 

5 direct ; and the Books for receiving the same, shall 

6 not be closed in less than ten days : and if the whole 

7 amount shall not be subscribed within ten days from 

8 the time the Books shall be opened to receive sub- 
M scriptions, then the Books may be closed or continued 

10 open, or closed and re-opened, without further notice, 

11 as a majority of the above mentioned Commissioners 

12 at Raleigh, may judge to be most expedient, until the 

13 whole number of shares shall be subscribed. 

Sec. III. When Five Thousand Shares shall be sub- 

2 scribed for, in the manner aforesaid, the subscribers, 

3 their executors, administrators or assignees, shall be, 

4 and they are hereby declared to be incorporated into 

5 a Company, by the name and style of the "North Car- 

6 olina Rail Road Company ;" and by that name shall 

7 be capable in law, of purchasing, holding, selling, 

8 leasing, and conveying estates, real, personal and 

9 mixed, so far as shall be necessary for the purposes 
10 hereinafter mentioned, and no further ; and shall 



11 have perpetual succession, and by said Corporate 

12 name may sue and be sued, and may have and use 

13 a common seal, which they shall have power to alter 

14 or renew at pleasure, and shall have and enjoy, and 
13 may exercise all the powers, rights and privileges 

15 which other Corporate bodies may lawfully do, for 

17 the purposes mentioned in this Bill : And may make 

18 all such bye-laws, rules and regulations, not inconsis- 
) tf tent with the laws of this State, or of the United States, 

20 as shall be necessary for the well ordering and con- 

21 ducting the affairs of the Company. 

Sec. IV. So soon as the aforesaid sum of Five Hun- 

2 dred Thousand Dollars shall have been subscribed, 

3 by solvent individuals or corporations, (such solvency 

4 to be ascertained and certified by the Board of Inter- 

5 nal Improvements.) it shall be the duty of the Govern- 

6 or, for the time being, to transfer under the great seal 

7 of the State, to the aforesaid "North Carolina Rail 
S Road Company," the whole property of the State, in 
9 what is now known as the Raleigh and Gaston Rail 

10 Road, together with all its franchises, engines, fix- 

1 1 tures, and equipments of every kind. Provided, That 

12 the "North Carolina Rail Road Company" shall, be- 

13 fore said transfer is made, enter into a bond in the 

14 penal sum of one million of dollars, conditioned for the 

15 faithful application of the said sum of five hundred 

16 thousand dollars subscribed: — First, towards putting 

17 in good and thorough repair that portion of the said 
IS Road, now known as the Raleigh and Gaston Rail 

19 Road ; and next, towards the construction of so much 

20 of said Road from Raleigh towards Charlotte, as the 

21 means of said Company shall enable them to do ; and 

22 shall likewise execute to the State a mortgage upon 

23 the property so transferred, as a further security for 

24 the faithful application of the same to the aforesaid 

25 purposes, and upon said transfer being made, the State 

26 of North Carolina shall be held and deemed a Stock* 

27 holder in said "North Carolina Rail Road Company;' 



Q8 to the amount of live hundred thousand dollars, that 

29 being the estimated and agreed value of said Raleigh 

30 and Gaston Rail Road. 

Sec. Y. Be it further enacted, That as an inducement 

2 to the old Stockholders in, and obligors for the said 

3 Raleigh and Gaston Company to subscribe to, and 

4 procure subscriptions for the construction of said Rail 

5 Road, whenever the aforesaid sum of five hundred 

6 thousand dollars shall be subscribed by individuals or 

7 corporations, whose solvency shall be ascertained and 

8 certified by the Board of Internal Improvements, aa 

9 herein before provided, it shall be the duty of the 

10 Governor, and he is hereby directed forthwith, to cause 

1 1 all suits which are now, or may be hereafter pending 

12 against said stockholders and obligors for the Raleigh 

13 and Gaston Rail Road Company to be dismissed ; and 

14 the said Stockholders and obligors shall be and are 

15 hereby declared to be forever released and discharged 

16 from all liability for, or on account of said Raleigh and 

17 Gaston Rail Road Company. 

Sec. VI. Whenever a larger sum than five hundred 

2 thousand dollars shall be subscribed by individuals or 

3 Corporations, as herein before provided, the Treasurer 

4 of the State, for the time being, shall be, and he is 

5 hereby authorized and directed to subscribe a like ad» 

6 ditional sum, for and on behalf of the State, so that 

7 the State- shall hold an equal share of Stock in said 

8 Company with individuals ; and the Treasurer shall 

9 from time to time, increase the subscription to the 

10 Capitol Stock of said Company in the same proportion 
H with the other subscribers to the same. Provided, 

12 however that the State shall not be called on to pay 

13 any instalments of such additional subscription until 

14 three fourths of such instalments shall have been paid 

15 by individual and other Stockholders ; such payment 

16 to be certified by the President and Treasurer of said 
17 C ompany 



Sec. VII. Upon any subscription of stock, as aforesaid, 

2 there shall be paid at the time of subscribing, to the 

3 said commissioners or their agents, appointed to re- 

4 ceive such subscriptions, the sum of two dollars on 

5 every share subscribed, and the residue thereof shall 

6 be paid in such instalments and at such times, as may 

7 be required by the President and Directors of said 
S Company. 

Sec VIII. The said commissioners, or their agents, 

2 shall forthwith, after the first election of President and 

3 Directors of the Company, pay over to the said Presi- 

4 dent and Directors all moneys received by them, and 

5 on failure thereof, the said President and Directors 

6 may recover the amount due from them, or from any 

7 one or more of them, by motion, on ten days previous 

8 notice, in the Court of Pleas and Quarter Sessions, or 

9 the Superior Court of Law, of any County wherein 

10 such commissioner or commissioners, their executors 

11 or administrators, may reside, or by a warrant before 

12 a Justice of Peace of said County. 

Sec. IX. When five hundred thousand dollars or more 

2 of the Stock shall have been subscribed, public notice 

3 of that event shall be given by any three or more of 

4 the said Commissioners at Raleigh, who shall have 
fi power at the same time, to call a general meeting of 

6 subscribers, at such convenient place and time as they 

7 shall name in said notice. 

Sec. X. To constitute any such meeting, a number 

2 of persons entitled to a majority of all the votes which 

3 could be given upon all the shares subscribed shall 

4 be present, either in person or by proxy ; and if a 

5 sufficient number to constitute a meeting do not at« 

8 tend on that day, those who attend shall have power 

7 to adjourn from time to time, until a meeting shall be 

8 formed. 



Sec. XI In all general meetings of the Stockholders 

2 the Board of Internal Improvement, or such person or 

3 persons, as they shall appoint, shall be entitled to re- 

4 present the stock held by the State, and shall be enti- 

5 tied to give one half of the whole number of votes, 

6 which may be present at such meeting, either in pe r- 

7 son or by proxy. 

Sec. XII. The subscribers, at their general meeting 

2 before directed, and the proprietors of stock, at every 

3 annual meeting thereafter, shall elect a President 

4 and nine Directors, who shall continue in office, unless 

5 less sooner removed, until the next annual meeting af- 

6 ter their election, and until their successors shall be 
7 elected; but the President and Directors; or any of 

8 them, may at any time be removed, and the vacancy 

9 occasioned thereby be filled by a majority of the votes 

10 given at any general meeting. The President, with 

11 any two or more of the Directors, or in the event of 

12 the sickness, absence or disability of the President, 

13 any three or more of the Directors, who shall appoint 

14 one of their own body President pro tern, shall consti- 

15 tute a Board forthe transaction of business. In case 

16 of vacancy in the office of President or any Director, 

17 happening from death, resignation, removal or disabil- 

18 ity, such vacancy may be supplied by the appoint- 

19 ment of the Board until the next annual meeting. 

Sec. XIII. The President and Directors of said Com- 

2 pany shall be, and they are hereby invested with all 

3 the rights and powers necessary for the construction, 

4 repair and maintaining of a Rail Road r to be located as 

5 aforesaid, with as many tracks, as they or the majority of 

6 them, may deem necessary, and may cause to be made 

7 and also to make and construct, all works whatso- 
S ever, which may be necessary and expedient, in order 
9 to the proper completion of said Rail Road, 



10 

Sec. XI V r . The said President and Directors shall 

2 have power to make contracts with any person or per- 

3 sons on behalf of the Company, for making the said 

4 Rail Road, and performing all other works respecting 

5 the same, which they shall judge necessary and prop- 

6 er, and to require from the subscribers, from time to 

7 time, such advances of money on their respective 

8 shares, as the wants of the Company may demand, un- 

9 til the whole of their subscriptions shall be advanced ; 

10 to call, on any emergency, a general meeting of the sub- 

1 1 scribers, giving one month's notice thereof in one of the 

12 newspapers printed in the city of Raleigh ; to appoint 

13 a Treasurer, Clerk, and such other Officers as they 

14 may require, and to transact all the business of the 

15 Company during the intervals between the general 

16 meetings of the Stockholders. 

Sec. XV. If any Stockholder shall fail to pay the 

2 sum required of him by the President and Directors, 

3 or by a majority of them, within one month after the 

4 same shall have been advertised in one of the news- 

5 papers published in the city of Raleigh, it shall and 

6 may be lawful for the President and Directors, or a 

7 majority of them, to sell at public auction, and to con- 

8 vey to the purchaser, the share or shares of such 

9 stockholder, so failing or refusing, giving one month's 

10 previous notice of the time and place of sale, in man- 

11 ner aforesaid, and after retaining the sum due, and 
13 all charges of the sale, out of the proceeds thereof, to 

13 pay the surplus over to the former owner or his legal 

14 representative ; and if the said sale shall not produce 

15 the sum required to be advanced, with the incidental 
1G charges attending the sale, then the President and Di- 

17 rectors may recover the balance of the original pro- 

18 prietor or his assignee, or the executor or admi.iistra- 
19 tor of either of them, by suit in any Court of Record 

20 having jurisdiction thereof, or by warrant before a 

21 Justice of the Peace of the County of which he is a 



11 



22 resident ; and any purchaser of the stock of the Com- 

23 pany, under the sale of the President and Directors, 

24 shall be subject to the same rules and regulations as 

25 the original proprietor. 

Sec. XVI. Be it further enacted, That if the capital 
2 stock of the Company hereby incorporated, shall be 
S found insufficient for the purpose of this act, it shall 

4 and may be lawful for the President and Directors of 

5 the said Company, or a majority of them, from time 

6 to time, to increase the said capital stock to an amount 

7 not exceeding two and a half millions >of dollars, by 
6 the addition of as many shares as they may deem ne- 
9 cessary ; first giving the individual stockholders for 

10 the ti.ne being, or their legal representatives, the op- 

11 t on of taking such additional shares, in proportion to 

12 the amounts of stock respectively held by them ; and 

13 opening books in the city of Raleigh, and such other 

14 places as the President and Directors may think prop- 

15 er, for any balance of the capital stock created, which 

16 may not be taken by the stockholders for the same be- 

17 ing, or in their behalf; and the subscribers for such ad- 

18 ditional shares of the capital stock in the said O ompa . 

19 ny.are hereby declared to be thenceforward incorpora- 

20 ted into the said Company, with all the privileges and 

21 advantages, and subject to all the liabilities of the ori- 

22 ginal stockholders. 

Sec. XVII. Be it further enacted, That the President 

2 and Directors, or a majority of them, shall have power 

3 to borrow money for the objects of this Act, to issue 

4 certificates or other evidences of such loans, and to 

5 make the same convertible into the stock of the Com- 

6 pany, at the pleasure of the holder : Provided, that the 

7 capital shall not thereby be increased to an amount 

8 exceeding two and a half millions of dollars, and to 

9 pledge the property of the Company for the payment 

10 of the same with its interest : Provided, that no cer- 

11 tificate of loan, convertible into stock, or creating any 



1* 

12 lieu or mortgage on the property ot* the Company, shall 

13 be issued by the President and Directors, unless the 

14 expediency of making a loan on such terms, and of 

15 issuing such certificates, shall have been determined 
1G on at a general meeting of the stockholders, by two- 

17 thirds of the votes which could be legally given infa- 

18 vor of the same. 

Sec. XVIII. Be it farther enacted, That the said Pre- 

2 sident and Directors, their officers, agents and servants, 

3 shall have full power and authority to enter upon all 

4 lands and tenements through which they may desire 

5 to conduct their Rail Road, and to lay out the same 

6 according to their pleasure, so that the dwelling-house, 

7 yard, garden or curtelage of no person be invaded with- 

8 out his consent ; and that they shall have powerto en- 

9 ter in and lay out such contiguous lands as they may 

10 desire to occupy, as sites for depots, toll-houses, ware- 

11 houses, engine-sheds, work-shops, water-stations, and 

12 other buildings, for the necessary accommodation of 

13 their officers, agents and servants, their horses, mules, 

14 and other cattle, and for the protection of property en- 

15 trusted to their care : Provided, that the land so laid 

16 out on the line of the Rail Road, shall not exceed (ex- 

17 cept at deep cuts and fillings,) eight feet in width, and 

18 that the adjoining land for the sites of building (unless 

19 the President and Directors can agree with the own- 

20 er or owners for the purchase of the same) shall not 

21 exceed one and a half acres in any one parcel. If the 

22 President and Directors cannot agree with the own- 

23 er or owners of the lands so entered and laid out by 

24 them, as to the terms of purchase, it shall be lawful for 

25 them to apply to the Courts of Pleas and Quarter 

26 Sessions of the County in which said land, or the 

27 greater part of it, may lie, and upon such application 

28 the Court shall appoint five disinterested and impar- 

26 tial freeholders, to assess the damages to the owner 

27 from the condemnation of the lands for the purposes 
23 aforesaid; no appointment however shall be made. 



13 

29 unless ten days previous notice of the application 

30 shall have been given to the owner of the land, or the 

31 guardian, if the owner be an infant or non compos ?nen- 

32 lis, if such owner can be found within the County ; or 

33 if he cannot be so found, then such appointment shall 

34 not be made unless notice of the application shall 

35 have been published at least one month next preceding, 

36 in some newspaper printed as convenient as may be 

37 to the Court House of the County, and shall have 
3S been posted at the door of the Court House, on the first 

39 day, at least, at the next preceding term of said Court. 

40 A day for the meeting of the said freeholders to per- 

41 form the duty assigned them, shall be designated in 

42 the order of appointing them; and any one or more 

43 of them attending on that day, may adjourn from time 

44 to time, until their business shall be finished. Of the 

45 five free holders so appointed, any three or more of 

46 may act, after having been duly sworn or solemnly 

47 affirmed before some Justice of the Peace, that they 

48 will impartially and justly, to the best of their ability, 

49 ascertain the damages that will be sustained by the 

50 proprietor of the land, from the condemnation thereof 

51 for the use of the Company, and that they will truly 

52 certify their proceedings thereupon to the Court of 

53 said County. 

Sec. XIX. It shall be the duty of the said freeholders ? 

2 in pursuance of the order appointing them, to assem- 

3 ble on the land proposed to be condemned, and after 

4 viewing the same, and having such proper evidence 

5 as either party may oifer, they shall ascertain, ac- 

6 cording to their best judgment, the damages which 

7 the proprietor of the land will sustain by the condem- 

8 nation thereof for the Company. In performing this 

9 duty, they shall consider the proprietor of the land as 

10 being the owner of the whole fee simple interest therc- 

11 on; they shall take into consideration the quality and 

12 quantity of the land to be condemned, the additional 

13 fen cina: that will be required thereby, and all the in- 



14 

14 convenience that will result to the proprietor from the 

15 condemnation thereof, and shall combine them with a 

16 just regard for the advantages which the owner of the 

17 land will derive from opening the Rail Road through 

18 the same. 

Sec. XX. When the said freeholders shall have a- 
2greed upon the amount of damages, they shall forth- 

3 with make a written report of their proceedings, un- 

4 der their hands and seals, in substance as follows: 

5 We, freeholders, appointed by 

6 an order of the Court of Pleas and Quarter Sessions, 

7 for the purpose of ascertaining the damages that will 

8 be sustained by the proprietor of cer- 

9 tain lands in the said County, which the President and 

10 Directors of the North Carolina Rail Road Company 

11 propose to condemn tor their use, do hereby certify, 

12 that we met together on the land aforesaid, on the 

13 day of , the day appointed there- 

14 for by the said ordes, (or the day to which were we re- 

15 gularly adjourned from the day appointed for our meet- 

16 ing by the same order,) and that, having been first du- 

17 ly sworn, (or affirmed as the case may be,) and having 
IS visited the premises, we proceeded to estimate the 

19 quantity and quality of the land aforesaid, the quantity 

20 of additional fencing which would probably be occa- 

21 sicned by its condemnation, and all other inconven- 

22 iences which would probably result therefrom to the 

23 proprietor of said land, and that we combined with 

24 these considerations, as far as we could, a just regard 

25 to the advantages which would be derived by the pro- 
2G prietor of the said land from the opening of the afore- 

27 said Rail Road through the same, that under the in- 

28 fluence of these considerations, we have estimated and 

29 do hereby assess the damages aforesaid at the sum 

30 f. . Given under our hands and seals, this 

day of 
At tthe foot of the report so made, the magistrates 
2 before whom the said free-holders were sworn shall 



15 

3 make a Certificate in substance as follows : 

4 County. I, , a Justice of 
3 the Peace of said County, do hereby certify that the 

6 above named free-holders, before they executed their 

7 duties, as above certified, were solemnly sworn (or 

8 affirmed) before me, that they wonld impartially and 

9 justly, to the best of their ability, ascertain the dam- 

10 ages which would be sustained by the above named 

11 , by the condemnation of the aforemen- 

12 tioned land for the use of the North Carolina Rail 

13 Road Company, and that they would certify truly their 

14 proceedings therein to the Court of said county.— 

15 Given under my hand this day of 

Sec. XXI. The report of the free-holders so made, 

2 together with the Certificate of the Justice of the' 

3 Peace, as aforesaid, shall be forthwith returned by 

4 the said free-holders to the Court of said county, and 

6 unless good cause can be shown against the report, it 

7 shall be confirmed by the Court and entered upon the 

8 record ; but if the said report should be disaffirmed, or 

9 if the said freeholders, being unable to agree, should 

10 report their disagreement, or from any other cause 

11 they should fail to make a report within a reasonable 

12 time after their appointment, the Court may in its dis- 

13 cretion, as often as may be necessary, supersede them 

14 or any of them, appoint others in their stead, and di- 

15 rect another view and report to be made in the manner 

16 above prescribed. 

Sec XXII. On the confirmation of any such report 

2 and on payment or tender to the proprietor of the' 

3 land, of the damages so assessed, or the payment of 

4 said damages into Court, when for good cause shown 

5 the Court shall have so ordered, the land received and 

6 assessed as aforesaid, shall be vested in the North 

7 Carolina Rail Road Company, and they shall be ad- 

8 judged to hold the same in fee simple, in the same 



16 

9 manner as if the proprietor had sold and conveyed it 
10 to them. 

Sec. XXIII. While these proceedings are pending, for 

2 the purpose of ascertaining the damages to the pro- 

3 prietor for the condemnation of his land, and even 

4 before they shall have been established, the President 

5 and Directors, if they think that the interest of the 

6 Company requires it, may by themselves, their officers, 

7 agents and servants, enter upon the lands laid out by 

8 them, as aforesaid, and which they desire to con- 

9 demn and apply to the use of said Company. If, when 

10 they so take possession, proceedings to ascertain the 

11 damages as aforesaid, be pending, it shall be their 

12 duty diligently to prosecute them to conclusion ; and 

13 when the report of the freeholders, ascertaining the 

14 damages, shall be returned and confirmed, the Court 

15 shall render judgment in favor of the proprietor of the 

16 land, for the amount thereof, and either compel its 

17 payment into Court, or award process of execution for 

18 its recovery, as to them shall seem right. 

Sec. XIV. In the meantime no order shall be made, 

2 and no injunctions shall be awarded by any Court or 

3 Judge, to stay the proceedings of the Company in the 

4 prosecution of their work, unless it be manifest that 

5 their officers, agents or servants, are transcending 

6 the authority given them by this Act, and that the in- 

7 terposition of the Court is necessary to prevent injury 

8 that cannot be adequately compensated for in dam 

9 ages. 

Sec XXV. If the President and Directors shall take 

2 possession of any lands before the sume shall have 

3 been purchased by them, or condemned and paid for 

4 according to the provisions of this act, and shall fail 

5 for forty days to institute proceedings for its condemna- 

6 tion as aforesaid, or shall not prosecute with due 

7 diligence the proceedings commenced for that pur- 



17 

8 pose, it shall be law ful for the proprietor of the land 

9 upon giving to the said President and Directors, or 

10 any of them, ten days previous notice, to apply to 

11 the Court of the County in which the land, or the 

12 greater part thereof, shall lie ; and upon such applica- 

13 tion, the Court shall appoint five disinterested and im- 

14 partial freeholders to assess the damages to the own- 

15 er from the condemnation of his land to the use of the 

16 Company, shall appoint a day for their meeting, to per. 

17 form the duties assigned them, and shall dismiss at the 
IS cost of the Company any proceeding then depending ia 

19 their behalf for the condemnation of the said land. 

20 The freeholders so appointed, any three or more of 

21 whom may act, shall proceed in the performance of 

22 their duties, in all respects in the same manner as if 

23 they had been appointed by the President and Direc- 

24 tors of the Company : and the Court shall, in like 

25 manner, confirm and disaffirm their report, supersede 

26 them or any of them, and appoint others in their stead, 

27 or direct another view and report to be made,^s often 

28 as may be necessary ; and when any such report, as- 
20 certaining the damages, shall be confirmed, the Court 

30 shall render judgment in f.iyor of the proprietor for 

31 the damages so assessed and double costs, and shall 

32 thereupon either compel the Company to pay into 

33 Court the damages and costs so adjudged, or award 

34 process of execution therefor, as to them shall seem 

35 right. 

Sec. XXVI. When the judgment rendered for the 

2 damages assessed and costs, shall be satisfied by the 

3 payment of the money into Court, or otherwise, the ti- 

4 tie of the land for which such damages are assessed 

5 shall be vested in the Company, in the same manner 
G as if the proprietor had sold and conveyed it to them. 

7 Be it further enacted, That the written consent of any 

8 owner or proprietor of any lands through which the 

9 said Road is to be constructed, showing his or their 



18 

10 agreement to the same, shall be valid and effectual 

11 to give the same power and authority over all land 

12 required for the construction of the Road, as if the 

13 same had been conveyed by deed of bargain and 

14 sale, or condemned upon petition, as aforesaid. 

Sec XXVII. The said President and Directors, for the 

2 purpose of constructing their Rail Road aforesaid, arid 

3 the works necessarily connected therewith, or of repair- 

4 ing the same after they shall have been mad**, or of en- 

5 larging or otherwise altering the same, shall be at lib- 

6 erty by themselves, their officers, agents or servants, at 

7 any time, to enter upon any adjacent lands, and to cut, 

8 quarry, dig, take and carry away therefrom, any wood, 
1) stone, gravel or earth, which they may deem necessary: 

10 Provided, however, that they shall not. without the con- 

11 sent of the owner, cut down any fruit tree, or any tree 

12 preserved in any lotorfield, for shade or ornament, nor 

13 take an} r timber, gravel, stone or earth, constituting any 

14 part of any building. For all wood, stone, gravel, or 

15 earth, taken under authority oi this Act, for all inciden- 

16 fal injuries done to the inclosure. crops, wood or ground, 

17 in taking <§' carrying away the same, the said President 

18 & Directors shall make the owner a fair & reasonable 

19 compensation, to be ascertained, if the parties cannot 

20 agree, by any three impartial and disinterested free- 

21 holders, who being appointed for that purpose by any 

22 Justice of the Peace thereto required by the owner, 

23 shall be sworn by him, and shall then ascertain the 

24 compensation upon their own view, of the wood, 

25 ground, earth or stone taken, and for the injury done 

26 as aforesaid, in taking them. Provided, however, that 

27 it shall be the duty of the owner or owners to show 

28 to the Justice of the Peace to whom the appl ication 

29 is made, that ten days' previous notice of making the 

30 same, has been given to the President or one of the 

31 principal agents of the Rail Road Company ; and no 

32 award which may be given under any appointment, 

33 without such notice, shall be obligatory or binding on 



19 

34 the Company : Provided, however, that either party, 

35 not satisfied with the award which may be given as 
3(> above, may appeal to the Court of Pleas and Quarter 
37 Sessions of the County in which the land may be Bit- 
s'* uated. who may, as in the case of assessments of lands, 
29 confirm or disaffirm the report of the freeholders, su- 

40 persede them or any of them, and appoint others in 

41 their stead, or direct another view and report to be 

42 made, as often as may be necessary. 

Sec. XXVIII. K the Presidenfand Directors, in enter- 

2 ing upon the land of any person under the authority of 

3 this Act. for the purpose of laying out, constructing, 

4 enlarging, altering or repairing any of their said works, 

5 shall by themselves or their officers, do any wanton or 
G wilful injury to such land or its appurtenances, or to 

7 the crops growing or gathered, or any other property 

8 thereon, the North Carolina Rail Road Company shall 

9 pay to the person so injured double the amount of 
10 damages which shall be assessed b}' a jury in any 
It proper action therefor ; or if said injury be done by 

12 .any person or persons who may have contracted with 

13 the Company for the construcnon of any portion of the 

14 Road, or any works connected therewith, he or they 
13 shall be responsible to the party injured in the like 
16 amount. 

Sec. XXIX. Whenever, in the construction of said 

2 Rail Road, it shall be necessary to cross or intersect 

3 any established Road or way, it shall be the duty of 

4 the President and Directors, so to construct the said 

5 Rail Road across such established roads or ways, 
G as not to impede the passage or transportation of per- 

7 sons or property along the same, or when it shall be 

8 necessary to pass through the land of any individual, 

9 it shall also be their duty to provide for such individ- 

10 ual a proper wagon way across said Rail Road from 

1 1 one part of his land to the other : Provided, however. 
13 that in order to prevent the frequent crossing of es- 



20 

14 tablished roads or ways, or in case it may be neces- 

15 sary to occupy the same, it may be lawful for the 

16 President and Directors to change the said roads at 

17 points where they may deem it necessary to do so, and 
IS that for entering upon or taking any land that may 

19 be necessary therefor, they shall be, and are hereby 

20 authorized to proceed under the provisions of this 

21 Act, as in the case of land necessary for their Rail 

22 Road ; Provided, further, that previous to the making 

23 of any such change, the said Company shall make 

24 and prepare a road equally good with the portion of 
55 the road proposed to be substituted ; but nothing here- 

26 in contained shall be so construed as to make it in- 

27 cumbent on the Company to keep in repair the por- 

25 tion of any road which they may have changed, as 
29 aforesaid. 

Sec. XXX. The said President and Directors, or a 

2 majority of them, shall have power to purchase with 

3 the funds of the Company, and place on the Rail Road 

4 constructed under this Act, all machines, wagons, ve- 

5 hide, and carriages and taems of every description 

6 whatsoever, which they may deem necessary or prop- 

7 er for the tranoportation of persons or property ; or, 

8 if l hey should deem it more expedient to do so, they 

9 may contract with any other Rail Road Company or 

10 Companies, or with any individual or individuals, for 

11 effecting the transportation on the same. 

Sec. XXXI. All machines, wagons, vehicles and car- 

2 riages, purchased as aforesaid, with the funds of the 

3 Company, or engaged in the business of transportation 

4 on the said Rail Road, and all the works of said 
4 Company constructed, or property acquired under the 

6 authority of this Act, and all profits which shall ac- 

7 crue from the same, shall be vested in the respective 

8 stockholders of the Company forever, in proportion to 

9 their respective shares, and the same shall be deemed 
10 personal estate, and shall be exempt from any public 



21 

11 charge cr tax whatsoever for the term of fifteen ye ars 

12 and thereafter the Legislature may impose a tax, not 

13 exceeding twenty five cents per annum per share on 

14 each share of the capital stock, whenever the annua\ 

15 profits thereof shall exceed six per cent. 

Sec. XXXII. Upon the Road hereby authorized, the 

2 Company shall have the exclusive right of transporta- 

3 tion. When it is so completed, they shall at all times 

4 furnish and keep in good repair the necessary carri- 

5 ages and other requisites for the safe and convenient 
G transportation of persons and property; and it shall 

7 be their duty at all times, upon the payment or tender 

8 of the tolls allowed, to transport to any depot on the 

9 Road which the owner of the goods may indicate, and 

10 there to deliver all articles which shall be delivered to 

11 them for transportation, or offered to them in proper 

12 condition, to be transported at said depot on the Road 

13 most convenient for the reception thereof. 

Sec. XXXIII. They shall give no undue preference to 

2 the property of one person owr that of another ; but 

3 so far as practicable, shall carry each in the order of 

4 time, it shall be delivered or offered for transportation 

5 with the tolls paid or tendered. If the Company, or 

6 any of its officers or agents shall fail to receive, trans- 

7 port or deliver in due time, any property so offered or 

8 delivered to them for transportation, or shall fail to 

9 take up or set down any passenger or passengers, at 

10 such convenient point as he, or they may desire, upon 

11 the payment or tender of the passage money hereby al- 

12 lowed, they shall forfeit and pay to the party so in- 
13jured double the amount of the lawful toll paid or ten- 

14 dered, and shall moreover be liable to an action on the 

15 case, in which full damages and double costs shall be 

16 recovered. 

Sec. XXXIV. So soon as any portion of the Rail Road 
2 hereby authorized, may be in readiness for transpor- 



22 

3 tat ion, It shall he lawful for the said President and 

4 Directors to transport;?!** by their fijirs or Agents, 

5 or hy contractors under them, persons and property 

6 on the same : and they shall have power to charge for 

7 the transportation of persons, goods, produce, mer- 
S chandize and other articles, and for the transportation 
9 of the mail, any sum not exceeding the following 

10 rates, viz : on persons, not exceeding six ce nts per mile 

11 for each person, unless the distance, which any per- 

12 son to he transported, be less than ten miles, in 

13 which case the President and Directors may be enti- 

14 tied to make an extra charge of fifty cents for faking 

15 up and putting down each person so transported ; for 
10 the transportation of goods, produce, merchandize 

17 and other articles, not exceeding an average often 

18 cents per ton per mile ; and lor the transportation of 
10 mail, such sums as they may agree for;' and the said 

20 President and directors shall be furthermore entitled 

21 to demand and receive for the weighing, storing and 

22 delivering of produce ami other commodities at their 

23 depots and ware-houses, rates not exceeding the ordi- 

24 nary ware-house rates charged for such services. 

Sec. XXXV. Be it further enacted. That, if the said 

2 President and Directors shall deem it advisable to 

3 construct the bridges which may be necessary on the 

4 line of their Rail Road of sufficient width to admit of 

5 the passage of common roads, as well as their Rail 

6 Road, over the same, they may be entitled to demand 

7 and receive from all the persons, and for wagons, car- 
S riages, and for four and two wheeled vehicles, and for 
9 beasts of burden, shrep and hogs passing the same, the 

10 tells which may allowed by the Court of Pleas and 

11 Quarter Sessions of the County in which the said 

12 bridge may be. 

XXXVI. As soon as ten miles of the Rail Road here- 
's bv authorized, shall be completed, the President and 



23 



3 Directors shall annually or semi-annually declare and 

4 make such dividend as they may deem proper, of the 

5 nett profits arising from the resources of said Com- 
pany, after deducting the necessary current, and pro- 

7 liable contingent expenses of the said Companv, and 

8 shall divide the same among the proprietors of the 

9 stock of said Company, in proportion to their respec- 
10 tive shares. 

Sec. XXXVII. An annual meeting of the subscribers 

2 to the stock of the said Company, shall be held at. such 

3 time and place in each year, as the stockholders at 

4 their first general meeting, or at any subsequent meet- 

5 ing, may appoint, to constitute which or any general 

6 meeting called by the President and Directors, accord- 

7 ing to the provisions of this Act, the presence of the 

8 proprietors entitled to a majority of all the votes which 

9 could be given by all the stockholders, shall be neces- 
10 sary, either in person or by proxy properly authorised 
il and if a sufficient number do not attend on that day 

12 or any day appointed for a general meeting called by 

13 the Directors afores id, the proprietors who do attend 

14 may adjourn from time to time until such general 

15 meeting shall be had. 

Src. XXXVIII. In counting all the votes of the said 

2 Company, each member shall be allowed for each 

3 share, not exceeding two shares: one vote for every 

4 two shares above two, and not exceeding ten: and 

5 one vote for every five shares above ten, by him h«dd 
G at the time in the stock of the Company: Provided 

7 however, that no stockholders, whether an individual 

8 body politic, or corporate, shall be entitled to more 

9 than sixty votes on any amount of the capital stock of 
10 said Company, held by him or them. 

Sec. XXXIX. The President and Directors shall render 

2 distinctaccount of their proceedings and disbursements 

3 of money, to the annual meeting of the Stockholders. 



24 

Sec. XL. The works hereby required of the North 

2 Carolina Rail Road Company, shall be executed with 

3 diligence ; and if they be not commenced within five 

4 years after the passage of this Act, and finished with- 

5 in twenty years after the fir>t general meeting of the 

6 stockholders, then this Charter shall be forfeited. 

Sec. XLI. The President and Directors shall cause 

2 to be written or printed, certificates of the shares of 

3 the stock in the said Company, and shall deliver one 

4 such certificate, signed by the President and counter- 

5 signed by the Treasurer, to each person, for the nurn- 

6 ber of shares subscribed by him, which certificate 

7 shall be transferred by him, subject, however, to all 

8 payments due or to become due thereon; and such 

9 assignee, having first caused! he transferor assignment 

10 to be entered on in a book of the Company, to be kept 

11 for the purpose, shall thenceforth become a member 

12 of the Company aforesaid, and shall be liable to pay 

13 all sums due or to become due upon the stock assign- 

14 ed him ; Provided, however, that such assignment shall 

15 in nowise exempt the assignor or his representative 

16 from their liability to the said Company, for the pay- 

17 ment of all such sums, if the assignee or his represen- 
IS tative shall be unable to pay the same. 

Sec XLII. If any person or persons shall wilfully, by 

2 any means whatever, impede or hinder the construe- 

3 tion of, injure, impair, or destroy any part of the Rail 

4 Road to be constructed under this Act, or any of the 

5 necessary works, machines, wagons, vehicles, carria- 
G ges, or other property belonging to the said Company, 

7 or shall place any obstruction on said Road, shall be 

8 guilty of a misdemeanor, and on conviction thereof, 

9 in the Court of Pleas and Quarter Sessions or Superi- 

10 or Court of Law, of the County in which the offence 

11 may be committed; shall be fined and imprisoned at 

12 the discretion of the Court. 



Sec. XL1II. Be it further enacted, That when the 

2 General Assembly may be of opinion that the Charter 

3 hereby granted shall have been violated, it may be 

4 lawful, by joint resolution of the two Houses, to direet 

5 the Attorney General, with such assistant counsel as 

6 the Governor or Legislature may think proper to en- 

7 gage, to issue a writ of scire facias, returnable before 

8 the Judges of the Supreme Court, calling upon the 

9 said Corporation to show cause why their Charter shall 

10 not be forfeited, subject to the same proceedings as 

11 are now prescribed by law in case of other Corpora- 

12 tions. Their books shall at all times be open to the 

13 inspection of a Committee of the General Assembly, 

14 appointed for that purpose ; and the President of said 

15 Company shall biennially make a report to the Le« 

16 gislature, on or before the third week of their session, 

17 of their receipts and expenditures, and of such other 

18 of their proceedings as he shall deem proper. 

Sec. XLIV. Be it further enacted, That any Rail Road 

2 which may hereafter be constructed by the State or 

3 by any company incorporated by the Legislature, shall 

4 be at liberty to cross the Road hereby allowed to be 

5 constructed, upon a level or otherwise as may be ad« 

6 vantageous : Provided, that the free passage of the 

7 North Carolina Rail Road is not obstructed. 

Sec. XLV. Be it further enacted, That whenever the 

2 Rail Road shall be so crossed or approached by ano- 

3 ther Rail Road incorporated by this State, the said 

4 North Carolina Rail Road Company may erect a depot 

5 at or near the point of intersection, when they may 

6 recover and deliver passengers and freight, and take 

7 therefor the same rates of compensation, and be sub- 

8 ject to the same regulations, as at other depots ; and 

9 should they fail or refuse to erect such depots, the State 

10 or Company owning such intersecting Road, may erect 

11 one, and the Company incorporated shall receive and 

12 deliver passengers and freight at such depots, under 

4 



13 the same rules and regulations as aforesaid, unless the 

14 same shall be rendered impracticable by the situation 
25 of the Rail Road at such place. 

Sec. XLVI. To enable the State to pay her subscript 

2 tion to said stock, whenever the same shall be 

3 required, as herein before provided, the Treasurer of 

4 the State being, shall from time to time, issue bonds 

5 or certificates of debt under the great seal of the 
G State, signed by the Governor, countersigned by the 

7 Treasurer, and guarantied by a pledge of the faith of 

8 the State, in sums not less than five hundred dollars, 

9 payable in currency of the United States or Great 

10 Britain, with interest at a rate not exceeding six per 

11 cent., payable semi-annually ; the principal of which 

12 bonds shall be redeemable at the end of thirty years 

13 from the time the same shall be'issued ; but no great- 

14 er amount of such bonds shall be issued at any one 

15 time, than may be sufficient to meet the instalment 

16 required to be made by the State at that time. 

Sec. XLVII. Whenever it shall be necessary to issue 

2 said bonds or certificates of debt, the Treasurer shall 

3 advertise in one or more public newspapers, and in- 

4 vite sealed proposals for said loan ; and it shall be his 

5 duty to accept those terms which may be most ad- 

6 vantageous to the State ; and any premium which 

7 may be obtained on said loan, shall be paid into the 

8 Public Treasury of the State, and invested by the 

9 Treasurer, by and with the. advice and consent of the 

10 Governor, in stocks or other evidences of debt as a 

11 Savings Fund, to meet the payment of the interest on 

12 said loan, as the same may accrue. 

Sec XLVIII. As a security for the redemption of said 

2 bonds, the stock held by the State in the "i\orth Car. 

3 olina Rail Road Company," shall be, and the same 

4 is hereby pledged, for that purpose; and any d.vi- 

5 dends of profit, which may, from time to time, be de- 

6 clared on the stock so held by the State in said Com- 



7 pany, shall be applied to the payment of the interest 

8 on said loan : but until such dividends of profit may 

9 be declared, it shall be the duty of the Treasurer, and 

10 he is hereby authorized and directed to pay all such 

11 interest as the same may accrue, out of any monies 

12 in the Treasury not otherwise appropriated. 

Sec. XLIX. Be it further enacted, That it shall and 

2 may be lawful for said Company to increase their 

3 capital stock, by the additional sum of five hundred 

4 thousand dollars, for the purpose of constructing •. late- 

5 ral or branch Rail lload. from the City of llaleigh to 
G such point on the Wilmington and llaleigh Rail Road, 

7 as may be selected by a majority of the subscribers to 

8 said stock ; of which sum. whenever one-half may be 

9 subscribed by individuals or corporations, as herein 

10 before provided, for the subscription of the original 

1 1 stock, the Treasurer shall be authorized to subscribe 

12 on behalf of the State for the remaining half; Pro- 

13 vided, however, that the State shall not be called on 

14 for the payment of any instalment of her said sub- 

15 scription. until three fourths of such instalments shall 
10 he paid by the said other subscribers; such payment 

17 to be certified by the President and Treasurer of said 

18 Company. 

Sec. L. For the purpose of raising such additional 

2 subscription, Books shall be opened at Smithfield, un« 

3 der the direction of John McLeod, Bythan Bryan, 

4 William H. Watson and Alexander Telfair,, or any 

5 three of them ; at Goldsborough, under the direction 

6 of Richard Washington, James Griswold, John A. 

7 Green and William B. Lane, or any three of them : at 

8 Wilmington, under the direction of Alexander Mc- 

9 Rae. Edward B.Dudley, P. K. Dickinson, James T. 

10 Miller and Lewis H. Marsteller, or any three of them ; 

11 at Warsaw, under the direction of 

t n 
I* 

13 or ar>v three of them : and the subscribers &hall de- 



28 

14 signate that the sums so respectively subscribed by 

15 them, are intended solely for the construction of the 

16 said Rail Road from Raleigh to some point on the 

17 Wilmington and Raleigh Rail Road, and all sums so 

18 subscribed shall be appropriated exclusively to the 

19 construction of that portion of the said Rail Road, and 

20 to no other purpose ; and the sum to be so subscribed 

21 by the State, shall, in like manner, be applied exclu- 

22 sively to the construction of that portion of said Road, 

23 and to no other purpose. 

Sec. LI. Whenever the said sum shall be so subscribed 

2 by individuals or corporations, the persons so sub- 

3 scribing, shall be considered as stockholders in the 

4 North Carolina Rail Road Company, and shall be en- 

5 titled to all the privileges, franchises and immunities, 

6 which are hereby conferred on said Company : and all 

7 the provisions and conditions, herein before contained, 

8 as to the payment of instalments, the construction of 

9 the Road, the purchase of materials, engines, cars, 

10 rates of toll, and regulations relative to the manage- 

11 ment and running of said Road, shall be and the same 

12 are hereby declared to apply to the said Rail Road 

13 from Raleigh to the point of intersection with the Wil- 

14 mington and Raleigh Rail Road; and the said stock- 

15 holders shall be subject to the same penalties and en- 

16 titled to the same advantages in the election of Presi- 

17 dent and Directors, receiving dividends, 4«c, as the 
IS subscribers to the principal Road from Gaston to 
10 Charlotte. 

Sec LII. And be it further enacted, That it shall and 

2 may be lawful for the said Company, to increase their 

3 said capital, by the further sum of live hundred thou- 

4 sand dollars, for the purpose of constructing a lateral 

5 or branch road, from the town of Fayetteville to such 
(> point on the said Rail Road from Raleigh to Charlotte, 

7 as a majority of the subscribers for such additional 

8 sum, mav select : of which sum of five hundred thou- 



29 

9 sand dollars, whenever one half may be subscribed by 

10 individuals or corporations, as herein before provided, 

11 the Treasurer shall be authorized to subscribe on be- 

12 half of the State, for the remaining half: Provided, 

13 however, that the State shall not be called on for the 

14 payment of any instalments' on her said subscription 

15 until three fourths of such instalments shall be paid 
1G by the other subscribers ; such payment to be certified 
17 by the President and Treasurer of said Company. 

Sec. LI II. For the purpose of raising such additional 
. 2 subscription, Books shall be opened at Fayetteville 
3 under the direction of 
4 

5 or any three of them, 

6 and at such other places, as any three of the said 

7 Commissioners at Fayetteville may direct ; and the 

8 subscribers shall designate, that the sums so respec- 

9 tively subscribed by them, are intended solely for the 

10 construction of said Road from Fayetteville to the 

11 point of intersection with the Road from Raleigh to 

12 Charlotte ; and all sums so subscribed by individuals 

13 and corporations, as likewise the sum so to be sub- 

14 scribed by the State, shall be appropriated exclusive- 

15 ly to the construction of that portion of said Rail Road 

16 and to no other purpose. 

Sec. LIV. Whenever the said sum shall likewise be 

2 subscribed by individuals or corporations, the persons 

3 so subscribing, shall be considered as stockholders in 

4 the "North Carolina Rail Road Company," and shall 

5 be entitled to all the privileges, franchises and immu- 
6nities: and all the provisions and conditions herein- 

7 before contained, as to the construction of the Road 

8 the purchase of materials, engines, cars, &c. ; the 

9 rates of toll and regulations relative to the manage- 

10 ment and running of said Road, shall be, and the same 

11 are hereby declared to apply, to the said Rail Road 
^2 from Fayetteville to the point of intersection with the 



30 

13 Road from Raleigh, to Charlotte ; and the said Stock- 

14 holders shall be subject to the same penalties, and en- 

15 titled to the same advantages in the election of Presi- 

16 dent and Directors, receiving dividends, &c, as the 

17 subscribers to the principal Road from Gaston to Char- 

18 lotte. 

Sec. LV. Be it further enacted, That the same pro* 

2 visions and regulations as to the mode of raising mo- 

3 ney for the payment of the subscription of the State, 

4 as are herein before contained, shall be applied and 

5 the same are hereby directed to apply to the sums 
G which may be required to be raised by the State, by 
7 virtue of the 50th and 52nd sections of this Act. 

Sr.c. LYI. Be it further enacted. That at any time 

2 hereafter when the Legislature shall think proper, they 

3 may authorize the construction of a lateral or brain h. 

4 Rail Road, from the terminus of the Road hereby au- 

5 thorised to be constructed from Raleigh, to the point 

6 of intersection with the Wilmington and Raleigh Rail 

7 Road to Newbern or Beaufort, upon the same terms 

8 and conditions as those herein contained, as to the 

9 construction of said Road, from Raleigh to the point 

10 of intersection with the Wilmington and Raleigh 

1 1 Railroad. 

Sec LVII. Be it further enacted, That this Act shall 

2 take e fleet, and be enforced, from and after its ratifi- 

3 cation ; and shall inure and continue for the term of 

1 ninety nine years, and no longer. 

Sec. LVlII. The Court of Pleas and Quarter Sessions' 

2 of any County, situated within fifty miles of the route 

3 selected for said Railroad, shall have power, a major- 

4 ity of the acting Justices of the Peace for each County 

5 being present, to make a subscription in the stock, 

6 of the Company aforesaid, to an amount not exceed- 

7 ing five thousand dollars, and issue bonds therefor in 

8 such sums as the said Courts may direct, signed by 



31 

9 the Chairman thereof, and countersigned by the 

10 Clerk, and attested with his seal of office, redeemable 

11 in ten years, with interest payable semi-annually: 

12 and to make provision for the payment of the interest, 

13 and the gradual reduction of the principal thereof 

14 in the same manner that provision is now made for 

15 other County charges- And such Courts in their 

16 corporate capacity, for the benefit of their several 

17 Counties, shall thus become Stockholders in said 

18 Company, to the amounts so subscribed and paid. 

Sec. LLY. Be it further enacted, That it shall be the 

2 duty of the President and Directors of the North 

3 Corolina Railroad Company, to keep the books and 

4 subscriptions to the stock for building the main stem 

5 of the road from Gaston to Charlotte separate and 
G distinct from the books and subscriptions of the two 

7 branch Railroads hereby authorized; that in said books 

8 the accounts of each road shall be separate and 

9 the Directors of said road shall have no power to 

10 appropriate any portions of the subscriptions or profits 

11 of the main stem from Gaston to Charlotte to the 

12 construction of either of the branch roads, nor any 

13 part of the subscriptions or profits of the branch roads, 

14 to any other part of the road than that for which 

15 they were specifically subscribed; and all dividends 

16 of profits shall be paid exclusively to the subscribers 

17 to that portion of the road upon which the profits 

18 accrued, always regarding the entire road from Gas- 

19 ton to Charlotte as one road and the two branches as 

20 separate and distinct therefrom and from each other. 

Sec. LX. Be it further enacted, That the Treasurer of 

2 the State shall have power, whenever it shall become 

3 necessary, to issue bonds, according to the 46th, 47th 

4 and 48th sections of this Act, to make the interest on 

5 said Bonds payable in the City of New York, if, upon 

6 consultation with the Governor, it should be thought 

7 best for the interest of the State and Company, to 

8 make the interest so payable. 



32 

Sec. LXI. Be it enacted, That whenever the contem- 

2 plated Rail Road from Weldon to Portsmouth, in the 

3 State of Viginia, shall have been constructed, and the 

4 same shall be in operation for the transportation of 

5 persons and produce, the Governor is hereby author- 

6 ised and required to subscribe on behalf of the State, 

7 in the capital stock of the Roanoke Rail Road Compa- 

8 ny, two-fifths of the sum which shall be necessary to 

9 construct a Rail Road from some convenient point on 
10 the Raleigh and Gaston Rail Road to the town of Wei- 
ll don, whenever three-fifths of the said sum shall have 

12 been subscribed by solvent individuals ; and the Pub- 

13 lie Treasurer is hereby authorized and directed to 

14 make payments out of the fund created by this Act, 

15 on account of the said subscription on the part of the 

16 State, pari passu, upon the requisitions of the Presi- 

17 dent and Directors of the said Roanoke Rail Road 

18 Company, as individual subscribers shall pay for their 

19 subscriptions. 



[KOUSEOF COMMONS DOCUMENT, NO. 17.] 



REPORT 



UPON THE 



CAPE FEAR 



AND 



DEEP RIVERS. 



RALEIGH: 

S EATON GALES, PRINTER FOR THE STAT*. 

1848. 






' 



■■:•:- I 



%■'-■■ 



REPORT 

UPON THE 
CAPE FEAR AND DEEP RIVERS. 



To Messrs. Alex. MacRae, A. J. Derossett, A. S. McNeil 
and F. J Hill, composing the Committee, designated 
by the Pittsboro' Convention held in Jul}' last, to take 
in charge the obtaining of a survey and estimate of 
the probable cost of improving the Upper Cape Fear 
and Deep Rivers, as high up as Hancock's Mill, in 
Moore County, North Carolina. 

Gentlemen : 

Having been engaged by Major Walter 
Gwynn, on your behalf, to make a survey of the Cape 
Fear and Deep Rivers, with a view to the opening of 
the navigation as high up as Hancocks Mill in Moore 
County, and having completed the reconnoizances, to- 
gether with such instrumental examinations of the most 
difficult portions of them, as the time allowed me would 
permit I have the honor herewith to report the results, 
including an estimate of the probable cost of a Slack 
Water navigation to be formed by a succession of 
Locks and Dams, with occasional short Canals 

This character of improvement is admirably adapt- 
ed to these rivers, as indicated by their inconsiderable 
fall per mile, (it being somewhat less than two feet 



throughout their whole length,) their consequently 
sluggish current, and the extensive natural pools already 
to be found throughout their length. 

Knowing the importance to the friends of this improve- 
ment that the question should be ascertained in the short- 
est possible time, whether such a navigation could be ob- 
tained upon these rivers, to connect with the present 
Steamboat navigation upon the Cape Fear at Fayetto- 
ville, and with a view to expedite the work, after or- 
ganizing a party and procuring a suitable boat, I began 
the descent of the river. 

I found Hancock's dam 12 feet high, and was told by 
him that it backed the water up for five miles above, 
with a depth of not less than 3 feet. Thence descending 
the river, I found a succession of small shoals, until I 
passed the lower end of Murchison's Tsland, where I met, 
with the back water of Peter Evans', Jr. dam, 2$ miles 
from Hancocks. 

From this point to Evans Mills, a distance of ten miles. 
I found a splendid pool of water with a depth ranging 
from 3 to 9 feet, at the then low stage, which was that 
of low summer water, 

Evans Dam has just been rebuilt upon the rafter plan, 
and packed in with stone, about 3 feet in height. It is 190 
feet long, and leaks to some extent; it did not in conse- 
quence hold a full head of water by 1-i feet; when this 
shall be the case by the deposit ot mud and sand held in 
suspension by the water brought down the river, it will 
flow the water back to Hancocks Mill, 12] miles. 

In Evans Dam, a Lock will be placed of 9 feet lift, 
from which a boat will float directl}- into the back water 
from John Horton's mill dam, and through this fine pool 
of water for 64 miles to Horton's mills. The depth of 
this pool, at its shoalcst place, which is 200 yards below 
Evans Dam, is 2 feet for a short distance, from which it 
immediately deepens fo 5 feet and continues from 5 to ? 
throughout its length. 



Horton's Dam is 374 feet, long and eight feet high, ovfrr 
which the water was flowing at the time; showing 
thereby a plentiful supply. It is proposed to/aise this 
dam one foot., which can be done at a small ex penseto 
insure 3 feet at all times back to Evans dam, and thus 
supposing a lock in Hancock's dam. we find already 
formed with a small outlay, a slackwater navigation of 
23 miles. 

From the lock in this dam a boat will float into a pool 
of not less than 3 feet depth, to be formed by a dam to be 
erected 200 feet below Thomas Farish's fish dam. This 
dam will be 9 feet high, and 234 feet long, and will con- 
nect the pools at present existing and occasioned by the 
fish trap dams of Thomas Farish, and Peter Evans, Sen. 
forming one continuous pool for 83 miles from Horton's 
dam. 

A Lock will be placed in this dam of y feet lift, from 
which a boat will float into a pool 1\ miles long and not 
less than 3 feet depth, extending to Claig's mill dam, n. 
short distance below the mouth of Rocky River. 

At this point, the first real difficulties are encountered 
and it becomes necessary to leave the bed of the river, 
for the first time in 39i miles. Nature has done much 
to smooth the way here, and we find a natural canal, or 
Sloo of 50 to 70 feet wide, which it is proposed to use for 
2050 feet. It is now used as the race to Claigs mill ; it 
will be necessary to take down Claigs river d^m, which 
only holds water for 3 feet, and construct upon its site a 
dam 5 feet high, and 1023 feet long. This dam will give 
sufficient depth over the shoals at the mouth of Ro°cky 
River, and above that point back to the sill of the lock in 
the dam, at Farish's fish trap. Some clearing out and 
blasting will be required, the cost of which is embraced 
in the estimate. 

A Dam must be raised over the sloo as far down as we 
use it, and in this dam a lock will be placed of 10* feet 
lift, from which a beat, will pass into a pool of 'tbrer* 
utiles in length atid of sufficient depth, forced b\ ihe 



erection of a dam jus; below Llie head oi I'ulleus Fall* 
Some cleaning out will be required iti the upper part of 
this pool. 

Puliens Falls are the chief obstacles to the opeuing of 
the navigation of Deep River, and to a casual observer, 
or those unacquainted with the means resorted to else- 
where in surmounting similar difficulties, they do appear 
to constitute a barrier to the navigation of the rich and 
fertile valley of that river. But they are by no means 
insurmountable — and when it is considered, as will be 
seen by the estimate, at what an inconsiderable cost the 
upper portion of the river can be rendered navigable, it 
will be understood that that we can afford to expend an 
amount sufficient to overcome the difficulties at these 
falls, and yet leave the average cost of improving Deep 
river quite low. 

These falls arc formed by the river flowing over a 
succession of ledges running across its bed, with short 
Pools of still water between them. The fall from the 
head to the foot below Pullens mill, is 31 feet 6 inches in 
a distance of li miles. 

The 1st dam in the falls will be placed upon a ledge of 
rock making across the river 2\ feet below the level of 
the water surface above, it will be 8 feet high, and 381 
feet long, including the abutments. A lock will be plac- 
ed in this dam of 8 feet left. 

A boat will float out of this lock into the pool below 
of sufficient depth, and 000 yards long, which brings us 
to the 2nd dam. This dam will also rest upon a rocky 
ledge, it will be 10j> feet high in the main river, but asit 
will cross two islands, its average height will be much 
less. It will be S00 feet long. 

A lock wiil be placed in this dam of 10^ feet lift, from 
which a boat will pass into a pool formed by a dam 1300 
yards below, built upon the site of f/ullens dam, it will 
be 8 feet high and 410 feet long to 1 the island, including 
tho abutments. There also will be required 170 feet 
of damming to connect two other islands with the first'. 



From Pullens dam, it is intended to take out a canal 
through the level bottom in which his mill race is dug-. 
It will be 1026 yards long, of easy excavation and will 
require one guard lock where it leaves the pool, and two 
lift locks of 10J feet each, to drop the boats into the 
river, somewhere about the new bridge, being erected 
by Dr. Smith and others. It will also require a waggon 
ford where it crosses the main road. 

From the outlet lock of this canal the boats will float 
into a pool Hi miles long reaching to Buckhorn Falls, 
with no difficulty for that distance, even at this time, 
and of sufficient depth, excepting at two points, one at 
Dr. Smith's sein haul, the other at Hawkin's Island; the 
depth of water at which points, is now IS inches. 

About 2i miles below Pullens Mill, and directly above 
the confluence of the Haw with Deep River, is the town of 
Haywood, finely situated upon an elevated second bot- 
tom, which is destined to become a place of considerable 
trade, when this improvement shall be opened. It has a 
rich back country in the Counties of Chatham. Randolph 
and neighboring Counties, and will be the point where 
all the surplus production of these Counties will concen- 
trate, to be borne upon the navigation to the markets of 
Fayetteville and Wilmington. 

At Buckhorn, the river falls 16 feet in H miles, where 
it becomes necessary for the third time to leave the bed 
of the river. Here nature has again stepped in to smooth 
the way for us, &. we find a natural canal or sloo, which 
leaves the river just above the falls and running round 
the north side for li miles, again enters the river. This 
sloo has at this time a depth of from 12 to 18 inches in 
it, and is 60 to 70 feet wide. 

It is proposed to erect a dam across the river at the 
head of the falls 5 feet high, and 720 feet long which will 
afford ample depth in the sloo, and back the water over 
the shoals above, so as to give at all times not less than 
3 feet water upon them. The sloo will be followed 1 
mile, at which point there will be a dam erected over it. 



This darn will bo 9 feet high, ami ISO feet long, and in 
continuation of the same dam to the bank below the old 
canal, a dam of 10S feet long and feet high, also 430 
feet of damming 51 feet high, to connect some islands 
above. 

From the sloo through a guard lock, the boats will 
pass into the old canal which must be wideued and clear- 
ed out for that purpose, as far down as the locks to be 
erected to lower them into the river. 

There are the remains of several dams, two sets of 
locks, some half a mile apart, and the old canal alluded 
to; showing the efforts made in former years toimprove]the 
river. The general outline upon which these improve- 
ments were last projected was in the main current, but 
the details were so wretchedly carried out, as to render 
worse than lis.elefifi all the money expended upon them. 
The canal was in the first place cut 1 mile in length from 
Buckhorn sloo, and locks erected to lower the boats 
into Parkers Creek, which it was intended they should 
follow to the river, about one-fourth of a mile. This 
creek is an inconsiderable stream of about 10 feet width 
and 6 inches depth, which would have been always fill- 
ing up with the sediment brought down by it, to the ob- 
struction of the navigation ; even though the water of 
the river had have been backed into it by a dam from be- 
low. 

It was afterwards concluded to throw away these locks 
together with half a mile of the canal, and returning back 
upon it, lock into the river half a mile above. This was 
accordingly carried out and the locks put up, which would 
have answered the purpose very well, if they had have 
been properly constructed, but the simplest laws of hy- 
draulic pressure were totally disregarded. The sides of the 
locks were merely upright posts braced at each alternate 
post, with a single lining of one inch plank, and with 
no other support whatever. As might have been ex- 
pected, they were forced open soon after being subjected 



to the head necessary to pass a boat through them. 
They were miserable attempts at lock building, and it 
would have been far better had the money have been 
thrown into the river ; as the effect of their failure, al- 
though some twenty years have past, is still found in 
the minds of many enterprising and intelligent gentle- 
men, who look upon any further attempt at improving 
this noble river, as Utopian, merely because they failed at 
that time, without knowing or reflecting upon the cause ; 
which was an utter want of skill in carrying out the im- 
provement. 

A spirit is now aroused however, which if properly 
directed and judiciously managed, will render the navi- 
gation of the Cape Fear and Deep Rivers, one of prima- 
ry importance to the State at large, as well as to the 
Counties within its influence. 

From the outlet lock in this canal, a boat will float 
into a pool miles in length and of sufficient depth to 
Douglass's Falls, half a mile below Norrington's Ferry. 
This pool will be formed by a dam 8 feet high, and 750 
long, to be raised upon the ledge of rock at that place. 
Here it is proposed to take out a short canal for 440 yards 
on the north side, through a level bottom of easy excava- 
tion, and by a lock drop into the river below. 

The next pool will be 8 miles long and will extend one 
mile below McAllister ferry, where a dam will be built 
8 feet high, and 527 feet long. 

A lock in this dam will pass a boat into the next pool 
below, which will carry it four miles to the next dam, 
which is to be placed upon the first ledge in Smiley's 
Falls. As these Falls are well known to be the greatest 
obstacle to the opening of the Navigation of the Cape 
Fear River above Fayetteville, I will give their physical 
character. These Falls extend for about five miles over 
a succession of rocky ledges, with no great fall at any 
one of them, leaving invariably between them, still pools 
of water, varying in depth from three to seven feet, and 
in length from 200 to 600 yards. The banks of the Riv> 



10 

er at the head of the Falls, are sixteen to eighteen feet 
high, but increase in height to thirty feet as we approach 
the foot of the Falls. It will be seen from this brief no- 
tice of their character — from the height of the banks and 
the admirable foundation offered for the dams and locks, 
as well as the existence of pools of still and deep water 
of considerable extent, that nature has marked out for us 
the plan of improvement to effect the navigation through 
this part of the river. In fact, there are natural excava- 
tions and benches formed in these ledges of rock, upon 
which dams can be erected to withstand any freshet that 
may arise, as is abundantly shown by the imperfectly 
constructed fish dams upon them, which have withstood 
all the freshets in the Cape Fear until the actual decay 
of the timbers in them, and yet the stones remain upon 
the foundations as they were originally placed. 

The dam at this first ledge will be eight feet, nine in- 
ches high and 445 feet long, in which a lock will be 
placed of the same lift to lower the boats into the pool 
below, which will extend for li miles and of sufficient 
depth to the head of Big Island. 

The site for this dam is remarkable — the fall at the 
ledge is only eighteen inches, but there is a rampart of 
rock running across the river seven feet above the sur- 
face of the water, except at three openings where the river 
has worn a channel through it. Upon this ledge, or rath- 
er across the channels through it, a dam will be raised 
of 10* feet high — its total length from bank to bank be- 
ing 500 feet. 

In this dam a lock will be placed of 10$ feet lift, to 
float the boats into the pool below, which will carry them 
1 3-5ths miles to the next dam, to be raised upon another 
ledge of rock. This dam will be 6 feet 4 inches high and 
750 feet long. A lock in it will carry us through a pool 
of W miles in length to the next dam, to be raised upon 
the ledge at Hodges' timber landing, which will be 6 feet 
high and 600 feet long — through a lock in this dam the 
boats float into a pool of water of 5 miles in length. 

This pool is intended to afford sufficient depth over the 
shoals to Averysboro, and on to Doctor's shoals immedi- 



H 

ately below Smith's Ferry, at the mouth of Lower Little 
River. 

The dam upon Doctor's Falls will be 9 feet high and 
350 feet long ; it will not only create the pool above 
named, but it will flow the water for some distance up 
Lower Little River, thereby facilitating the rafting of the 
clamps brought down it, and remove all danger of loosing 
them, as is now frequently the case when they arrive at 
the mouth of the river. 

From the lock in this last dam to Jones' Falls, the dis- 
tance is five miles, which will be the length of the pool. 
Upon these Falls the last dam will be erected— it will be 
9£ feet high and 400 feet long. 

From the lock in this dam, of 9| feet lift, the boats 
will float into a fine navigation to Fayette ville, 15 miles. 
Some outlay will be required in this distance to remove 
obstructions, which is provided for in the estimate. 

The fall from the foot of Hancock's dam to Fayetteville 
is about 17S feet. The distance being about 100 miles. 

PLAN OF THE DAMS. 
The plan of Dams upon which the estimate is based, 
is what is termed a. crib dam. It is formed by longitudinal 
timbers, well secured to the rock, connected by cross ties, 
with the down stream end of the ties kept at such an el- 
evation above the upstream end, as will give the proper 
up stream slope of 2\ feet horizontal to I foot vertical. 
These timbers will be of yellow pine properly hewed 
and well tree-nailed together, and the intermediate spaces 
or cribs, well packed in with stone. Upon timbers run- 
ning length ways of the dam along the face of the up 
stream slope, will be laid the sheeting of 3 inch yellow 
pine plank, running up and down the slope, and well se- 
cured to these timbers by tree-nails. 

PLAN OF THE LOCKS. 
The locks will be a modification of the " Composite 
Lock"; the walls will be formed of well hewed yellow 
pine timbers laid length ways of the Lock, 10 feet apart, 



H 

connected by cross ties every 10 feet of their length. 
These cribs will be well packed with stone to the en- 
tire height of the Lock walls. 

These Lock walls will rest upon timbers extending en- 
tirely across the Lock, laid close together, and upon 
which a double flooring will be laid to the extent of the 
lock chamber, and the lining of the chamber will also 
be double. 

The Locks will be 100 feet long in the chamber, by 18 
feet width, and are calculated for boats 100 feet long and 
2 feet draft — and 30 to 40 tons burthen. 

I learn from Capt. Dibbel, that his steam boat plying 
upon the Neuse River is 100 feet long by 17 feet wide, 
from the bow to the extremity of the paddle wheel, 
which is placed in the stern of the boat — its draft when 
light is 18 inches. 

The depth provided for in this estimate is in no case 
less than 3 feet, and no doubt a boat can be constructed 
to draw less than the one named above. 

These brief descriptions of the locks and dams are con- 
sidered all that is necessary at this time, to an under- 
atanding of the character of the improvement contem- 
plated. 

It is necessary to say that when the work is laid off 
for construction, modifications ol the plan of improve- 
ment above presented may be found advisable, and in all 
probability may lead to some saving in expense. 

After a careful investigation of all the expenses neces- 
sary to accomplish this work, upon the plan proposed, 
the items for which are presente in a separated sheet, I find 
it amounts to (including ten per cent for contingencies 
#185,600. 

In order that the committee may have a clear under- 
standing of the importance of this jX-oposed improvement» 
to the interests not only of the country through which it 
will pass, but of the State at large, both social and com- 
mercial, I will endeavor to point out some of the physi- 
cal features of the valley and of the country it will tra- 
verse* To do so, I will ask them to examine with :ne for 



u 

a few moments the map of the State of North Carolina; 
and beginning at Wilmington, the chief sea-port of the 
State, we find the Cape Fear River flowing through a 
broad and noble valley, and steam boats plying upon it 
for 100 miles above, to Fayetteville. Thence by this 
proposed improvement we find still, the broad and rich 
valley of the Cape Fear, pursuing a North west direction 
some 60 miles further, to the junction of the Haw with 
Deep river, and thence by the valley of Deep river, which 
now bears due west, 40 miles further: approaching at its 
nearest point to within 33 miles of the rich and fertile 
valley of the Yadkin river. 

The highly productive lands of the Cape Fear and Deep 
rivers throughout the whole extent of this proposed im- 
provement, are susceptible of an amount of surplus pro- 
duction, which it would be difficult to estimate, could the 
proprietors of them avail themselves of the easy and cheap 
mode of conveyance to market which this navigation 
would afford. Upon Deep River, 12 miles above its con- 
fluence with the Haw river, we first come upon the bitu- 
minous Coa! deposit, which extends on both sides of that 
river for some 15 miles above, and forms one vast coal 
basin, as is clearly indicated by the openings which havo 
been made upon the lands of Thomas Farish, on George's 
Creek, on the branches of BuIFaloe Creek, on the opposite 
Bide of the river, upon the lands of John Horton where 
the boring has been continued for some 20 feet without 
finding the thickness of the bed, and also higher up near 
Dr. Chalmer's plantation in Moore County. 

This coal burns with a brilliant flame; it is found from 
3 to 5 feet below the surface, and is identical with tho 
far famed bituminous coal of Alleghany County, Mary- 
land, to transport which to her sea coast, there has been 
expended in the construction of the Chesapeake and Ohio 
Canal, $9,502,345, besides a new issue of bonds recently 
made of $1,700,000, making together, $11,202,345, for 
construction alone. To this must be added the inter- 
est and loss upon the salo of bonds up to this time, of $4 r 
45S,070; this swells the amount to 315,661,315. 



14 

The Report from which the above is extracted, says — 
"The prominent and main purpose of the canal.as a work 
limited to the Valley of the Potomac, is to lay open to the 
inhabitants of the Atlantic States, the mineral treasures 
of Alleghany county; particularly its inexhaustible mines 
of Coal and Iron." 

Now gentlemen, this immense outlay has been expen« 
ded to construct a line of canal 185-4-10 miles long, less 
than the distance to the Deep River mineral region by 
14 miles, and when we take into cousideration the tariff 
of tolls necessary to pay the interest upon this large sum 
and compare it with that necessary to meet the interest 
upon the small expenditure necessary to accomplish this 
improvement, is it not as plain as the sun at noon day, 
that you can compete with the Maryland coals in any of 
the Atlantic seaports ? 

Hematite Iron ore, is also found upon the banks of 
Deep River, soap stone, and also a substance very much 
resembling black lead. 

Without desiring to weary you gentlemen, I must car- 
ry you along with me, either by water navigation, or if 
that is impracticable, by a portage Rail Road, over the 
country dividing the Deep and Yadkin Rivers, where we 
reach an immense and populous valley, rich in every 
variety of agricultural wealth — which would be col- 
lected and transported upon the Yadkin to the Rail Road; 
and if sectional boats are used, such as are in daily use 
upon the Canals in Pennsylvania, they would, with their 
freight, be transported over this short portage Rail 
Road, and launched upon Deep River for the seaport of 
the State. 

It appears to me there can be no doubt as to the pro- 
fits of this improvement. That it would render the stock 
of the lower Cape Fear valuable, must be admitted. 

In conclusion, I would ask what Atlantic Seaport 
would have a more extended communication with the 
interior than Wilmington? Supposing the Yadkin Val- 
ley penetrated and improved, as I am informed it can be 
for some 150 miles above the "narrows," thus forming 400 



15 

miles of interior transportation, which for economy and 
low freights, would not be surpassed by any other im- 
provement of the same length in the country. 

North Carolina would then, from the products of her 
own bosom, from her own inexhaustible resources, assume 
that position among the Commercial States of the Atlan- 
tic Seaboard, to which she has a legitimate claim, and 
no longer witness the diversion of her products to the 
building up of the Commercial Cities in the States on 
her North and South ; but accumulating upon the 
wharves of Wilmington, they would be shipped where 
the laws of trade might direct. 
Respectfully submitted, 

By your obedient servant, 

WM. BEVERHANT THOMPSON, 

Civil Engineer, 
Raleigh, Dec. 22d, 1848. 



I have carefully examined the notes and calculations 
upon which the above estimate of the cost of the im- 
provement of the Cape Fear and Deep Rivers was made, 
and have no doubt that it is full and ample, with good 
management, under the direction of a competent Engi- 
neer, for the accomplishment of the objects contempla- 
ted, and I fully concur in all the views and deductions 
contained in the above report. 

WALTER GWYNN, 

Raleigh, Dec. 22d, 1S48. 



[HOUSE OF COMMONS DOCUMENT, NO. 18.] 



REPORT 



OF THE 



ATTORNEY 6B.NBR11 



UPON THE 



OF 



WILLIAM CATHCART, 



RALEIGH: 

SEATON GALES, PRINTER FOR THE STATE 

1848. 



REPORT 

■ 

To the General Assembly of the 

State of North Carolina : 

By a Resolution of the last General Assembly, the At- 
torney General was requested "to investigate the claim 
of the devisees of William Cathcart, deceased, set forth 
in the memorial of W. J. Brown, Agent and Attorney for 
said devisees, now pending before the General Assembly, 
and report the result of his investigation thereof to the 
next session of the General Assembly." 

In obedience to this request, I have undertaken the in- 
vestigation requested ; and as a thorough examination of 
the whole matter demanded an inspection of many old 
documents and official books, which were accessible no 
where else, I repaired to this City, where they were to 
be found, and where, also, the Agent might be present 
and afford me all the proofs concerning the claim by 
which he expected to establish the right to redress. 

The petitioners claim to have the sum of $5,375, with 
interest from the year 1796, refunded to them, on account 
of money alleged to have been paid into the Treasury 
of the State for land, for which no grant was ever ob- 
tained. The particular circumstances which, in the 
opinion of the memorialists, entitle them to make the ap- 
plication, are set forth in the memorial. 

I have patiently examined all the documentary evi- 
dence offered, and such other of every kind as suggested 
itself to me, a* likely to reflect light on the inquiry. And 



I have taken into consideration, too, the statements both 
written and oral of the Agent, as illustrative of the trans- 
actions which happened in a bygone age. 

Before I proceed to report the results of my examina- 
tion, I deem thai, it would be useful to give a succinct ac- 
count of such circumstances as attend the claim. 

By the Treaty of Holston, made between the United 
States and the Cherokee Indians in the year 1791 , a large 
territory, before forbidden to entry, was acquired by the 
State; and, by the general law, became subject to en- 
try at $5 per hundred acres. During the same year, the 
County of Buncombe was established, and its territorial 
limits were extended over all that portion of Western 
North Carolina not then erected into Counties, embrac- 
ing as well the Territory reserved to the Indians, as 
that which they had just surrendered. 

The Treaty line defining the extent of the domain of 
the parties was not seen till the latter part of 1797. Not 
long after the treaty of Holston, a state of hostility exis- 
ted between the Federal Government and the Indians, 
which was terminated in 1794. By the treaty then made, 
it is recited that the Holston treaty had not been execu- 
ted, but that it "is, to all extents and purposes, in lull 
force and binding as well in respect to the boundaraies 
therein mentioned, as in all other respects whatever:" 
and it was agreed that the treaty line should be run and 
marked. In 1798, another treaty with the Indians was 
made, which confirmed the line run in 1797, as the true 
line of the Holston Treaty. This line was called the 
•'Hawkins' line." 

During the interval of time between the Treaty of 
Holston in 1791, and the running of the line in 1797, there 
w T as a constant struggle among land speculators at the 
land office, and the entries were pushed often over the In- 
dian boundary, without any regard to the remonstrance 
of the natives, or the settled, avowed, and humane policy 
of this State, always exhibited towards the Cherokees, 
and kept up to this moment of time. 



About the year 1791, the late Col. John Brown, a citi- 
zen of Pennsylvania, came to this State as Agent of a 
Company of land buyers, styled "Cathcart and Stead, 
man," and also as Agent of Cathcart, then, and at all 
times afterwards, a citizen of Pennsylvania. The Com- 
pany existed but for a short time, and the entries were 
transferred to Cathcart. Col. Brown, as such Agent, en- 
tered an immense quanty of land in Burke and Buncombe 
Counties, previous to the 7th and 8th days of June, 1796, 
when, from the Comptrollers books, and receipts of the 
Treasurer, it appears that large payments were made. 
On the 20th day of July thereafter, ten grants were issu- 
ed to Mr. Cathcart, comprising 325.640 acres of land. 
The present Secretary of State aided in making them 
out, and they were issued at the instance of Col. Brown. 
About this time Col. Brown left this city for Pennsylva- 
nia. Among the entries paid for on the 7th and Sth of 
June 1796, there are ten, numbering 2729-30-31-32-33- 
34-35-36, 2744 and 45, which are included in no grant 
issued to Cathcart. During: Col. Brown's stay, and not 
kmg]before he left, Mr. Cathcart came to this City, and, 
without the knowledge of Col. Brown. Cathcart made 
15S entries of land of 640 acres each. These entries 
were made on the 21stday of June 1796. The warrants 
of survey were issued in Sept. 1796, and the survey pur- 
ports to have been made on the first day of Oct. 1796. 
The entries are numbered from 5597 to 5794 inclusive 
and contain 101,120 acres. Vv T hile at this City. Cath- 
cart became sick, and was carried home by his friends 
in the fall or winter of the same year, where, without 
eve;- revisiting this State, he lived impartial derangement 
till his death, in 1S06. 

Cathcart communicated neither to his familv, nor to 
his agent, Col. Brown, nor to any other person, as is known, 
the entry of the said 158 tracts of land; and the fact re- 
mained wholly unknown, till about the year 1S30, when 
the papers shewing the entries and survey, were acciden- 
tally discovered by a .Mr. George Latimer, amongst the 
waste papers of the deceased. 



By Indian treaties subsequently made, the State ac- 
quired J.eri itory still more western, and granted it away. 
Many of these grants covered some of the lands which 
had been previously granted to Cathcart; and about the 
year 18J1, his devisees instituted suit in the Federal Cir- 
cuit Court, against the tenants in possession. After a de- 
cision of the cause against Cathcart's title in that court, 
an appeal was taken to the Supreme Court of the United 
States, and decided at the January term, 1840. The case 
is reported in 14 Peters, p. 4, under the name of "Lessee 
of Margaret Latimer and others, vs. William Poteet." — 
The great question in the cause was, whether the grant 
to Cathcart lay within the Indian country. During the 
pendency of this suit, to wit, in the year 1834, Col. Brown, 
on behalf of the present applicants, laid before the legis- 
ltture a petition, asking that the purchase money, alleg- 
ed to have been paid by Mr. Cathcart, for the entries 
aforesaid, should be returned. The Committee, through 
the Chairman, Judge Battle, amongst other things, report- 
ed, li ln any aspect in which this case can be viewed, the 
committee find matter for long, patient, and thorough in-? 
vestigation, such as they are utterly unable at present to 
bestow upon it. The lands mentioned in this petition, 
lie in the immediate vicinity of other lands now in con- 
troversy between the State and the devisees of Cathcart, 
and it is possible that the State might be compromitting 
her rights and interest by acting on the petition before 
the final settlement of the controversy." 

The ensuing Legislature was again mcmoralized on 
the subject, and the Committee, through their chairman, 
Hugh VVaddell, Esq., reported against the allowance of 
the claim. 

Thus rested the matter till IS 40, when the application 
was again renewed. In the consideration of the subject, 
the Committee appear to have been divided. I am in 
possession of the report of the minority of the committee, 
and am told by Mr. Speaker Graves of the Senate, who 
was on that committee, that the majority, of whom he 
was one, reported only that the subject presented so many 



intrinsic difficulties, and required so much patient enqui- 
ry, as to make it highly prudent to ask the investigation 
which I am now reporting. 

The minority reported strongly in favor of allowing the 

claim. 

Two questions of great importance arise in the case: 

First. Was the tract of 107,500 acres subject to en- 
try ; or, rather, was it forbidden to be entered ? 

Second. Was it; or any part of it paid for ? 

I proceed to examine the first question. One of the 
Cathcart grants before referred to, of 49,920 acres be. 
came, as already stated, the subject of suit; and the great 
question therein pending, to wit, whether the grant lay 
within the Indian country, was decided in the affirma- 
tive both in the Circuit and Supreme Court of the United 
States. By this decision, the grant became, and is held 
to be void. That case was ably prepared and argued by 
the first lawyers of North Carolina, divided on opposite 
sides, in the Court below, and by the first lawyers of the 
Union in the court above. Much time was allowed for 
the preparation of the trial, and a huge mass of testimo- 
ny was taken as to the Indian line of Holston treaty. I 
have paid little attention to any survey made in that case, 
other than Joseph Henry's; because he was mutually cho- 
sen by both parties, and because he was accompanied in 
his labors by Col. Brown, acting for the Cathcart claim 
ants, and by Joshua Robards, agent for the State. It was 
the survey used mainly on the trial, and that which de- 
cided the case, in which so much was at stake, that, it is 
believed, that no exertions were spared to introduce evi- 
dence of a line still more westward. The plot of this 
survey, and the deposition of Mr. Henry accompanying, 
and explanatory of the same,are to be found in the Clerk's 
office of the Federal Court in this place. The line there- 
on marked, stretching across the State, and designated 
as "Hawkins' or Kilpatrick's line," is the line which the 
Court declared to be the line that bounded the Indian 
territory, from 1791 to 1798. 



8 

This decision of the court in regard to the Cathcart 
grant, necessarily decides the legality of the entries which 
constitute the subject of this application, if they be west 
of that line : and they are west of that line. One corner 
of the whole tract of 107,500 acres comes very near to 
the line, but is west of it. If, therefore, Cathcart had ob- 
tained a grant, he had been in no better situation than 
he was without it. The entries were void, and the grant 
must have been so too. 

It is by the 6th section of the Act of 17S3, p. 430, that 
the entries are made void. It declares that ''no person 
shall enter and survey any lands within the bounds set 
apart for the Cherokee Indians, under the penalty of 
£50 specie for every entry, &c, and all grants thereon 
shall be utterly void." The policy of this section is still 
further pursued in the same act, in sec. S., whereby per- 
sons are prohibited from hunting, ranging or driving 
stocks of horses, cattle or hogs on the land set apart for 
them, under a penalty of £50 specie. 

It has been supposed by some, that these sections were 
impliedly repealed by the Act of 1791, which established 
Buncombe County, and thereby introduced into the Coun« 
ty a land office ; and the case of Strother vs. Cathey. 
1 Murph. 162, has been cited to prove that position. The 
argument which it is alledged that case authorizes, is this: 
All vacant lands within the limits of a County are sub- 
ject to entry by the act of 1777. Buncombe County, as 
bounded by the Act creating it, contains the 107,500 
acre tract, among the lands reserved to the Indians, .and 
all such lands are vacant; therefore all land in Buncombe 
County, as it existed in 1796, was liable to be entered, 
surveyed and settled. The case in Murphy does not sup- 
port this position. It was cited by the Court, in the case 
of Latimer vs. Poteet, to establish the contrary ; an; 
that great case itself directly decides the contrary; and 
the case of Euchelah vs. Welch, 3 Hawks, pages 162 and 
163, decided In 1824, rebukes the position with great el« 
oquence and power. Chief Justice Taylor, speaking in 
that case, of the treatment of the Indians before the Revc - 



lution, says : "Their rights of property, though much cir- 
cumscribed by the repeated cessions they have made by 
treaty, were respected as to what remained, and much so- 
licitude is shown, in repeated enactments, to restrain the 
cupidity of the whites." He shows that this policy be- 
came, at the formation of our Constitution, a part there- 
of under the 25th section of the Bill of Rights, and 
had continued ever since. Indeed, such an effect can- 
not be attributed to the Act of 1791, without an 
abrogation of solemn treaties made with the Indians; 
and of two especially, one of which was concluded 
only six months before, (I mean the treaty of Holston,) 
and the other made in 1795. four years afterwards 
(I mean the treaty of Greenville.) The true reading of 
the case of Strother vs. Cathey but establishes this point, 
that as the Indian title to land in Buncombe was extinguished 
it became subject to entry and grant. 

It has also been said that the various laws passed Ses- 
sion after Session, allowing further time to take out grant* 
and complete titles, were intended to embrace such en. 
tries as this of Mr. Carthcart. The effect of that argu- 
ment would be, to make entries better title, than the grants 
themselves if issued, would have been. Certainly only 
legal entries were intended to be favored. 

It has also been urged that the proviso to the Act of 
179t>, p. 802, inserted in the 13 sec. thereof, which recog- 
nizes claims "to entries west of Pigeon River in Buncombe 
County," legalizes this of Mr. Cathcart. In reply to this 
position, it is sufficient to say, that the case of Latimer 
vs. Poteet is decisive against it. 

My investigation then, of the matter involved in the 
first question, authorises me to announce as the result 
that each and every entry included in the 107,500 acre 
tract was not only not allowed, but was expressly and 
anxiously forbidden by the law of the State, and by the 
treaties between the United States and the Cherokee In- 
dians; and that there has been, since the entries war* 



10 

made, neither act nor intent, manifested by the Legisla- 
ture of the State, to confirm them. 

In connection with this part of my enquires, I beg leave 
to say, that on the running of the line in 1797, many per- 
sons who had grants of land cut by the line were relie- 
ved of payment of further taxes on all such part as lay 
west of the line. Instances of this kind occurred in the 
cases of John Gray Blount and others, to the amount of 
many thousand acres. And there is no evidence shown 
to me, although the fact has been supposed, that taxes 
were ever paid by Cathcart on the tract of 107,500 acres. 
Indeed, the supposition is inadmissible, since the claim 
was never known to exist till long after the lands had been 
granted to the present occupants, or their assignors. 

The second question I propose to answer is, whether 
the said entries or any of them, have ever been paid for. 

The entries amount to 1GS, and consist of two classes, 
all included under one survey. The first class contains 
ten, and are numbered 2729—30-31-32-33-31-35-36— 
2744-45. These were entered on the 25th day of Feb., 
1795, and warrants of survey issued on 27th day of Aug. 
1795. The Treasurers receipt for the entry money is on 
file in the Comptrollers office, and the money is charged 
on the Comptrollers books against the Public Treasurer. 
The entry on the books purports to have been made on 
the 8th day of June. 1796, and such is the date of the re- 
ceipt. No grant for these numbers was ever issued to 
Cathcart, as the Secretary of the State certifies. Cath- 
cart's grants, ten in number, and embracing three hun- 
dred and thirty five thousand.six hundred and forty acres, 
(335,640) all bear date on the 20th day of July, 1776, and 
were taken out under the agency of Col. Brown. 

The second class of entries contains 158, numbering 
from 5597 to 5754, inclusive,, embracing 101,120 acres — 
all these are entered on the 21st day of June, 1790 ; and 
the warrants of survey issued in September folio wing,and 
purport to have been surveyed on the 1st day of October 
of the same year, 1796. No receipt can be found for any 



11 

money paid towards these entries. There is no receipt 
for any money paid by Cathcart on any account what- 
ever, dated after the entry of the land. There is no charge 

on the books after that date, shewing such payment 

The dates of the receipts, and the charges on the books 
are all fourteen days before the date of entry. The law 
did not require a pre-payment of entry money; in no case 
can it be presumed. In this case such pre payment is 
rendered so highly improbable, as to be almost impossi- 
ble; for, if made at the time the monies were charged on 
the books and receipted for, they must have been advan- 
ced by Col. Brown, who, it is stated, was never apprised 
of the entries till they were made known through an ac- 
cident in 1830. Certainly, therefore, Col. Brown never 
paid it. Did Cathcart ever pay the money ? If he did 
then the Treasurer either failed to give a receipt therefor 
or the Comptroller omitted to charge him, and destroyed* 
or mislaid the receipt. The presumption in favor of the 
integrity of officers, forbids such a suggestion. The char- 
acter of the officers forbids it. The neat and fair man- 
ner of book-keeping, as shown by an inspection, rejects 
all supposed carelessness. To find that there was a pay- 
ment of the money, under such circumstances, would im- 
peach the honesty and integrity of both Treasurer Hay- 
wood and Comptroller Craven, without the least particle 
of testimony offered to induce that conclusion. 

The memorial indeed says, that the money must have 
been paid into the Treasury "from the fact that the same 
must by law have been paid before said warrants of sur- 
vey could have issued to the Surveyor of Buncombe 
county. " 

If such had been the law, the payment is not proven; 
for the argument assumes that the officer who issued the 
warrants, certainly discharged Ms duties, and that the 
Treasurer andComptrollerboth grossly failed to discharge 
theirs. But the memorialists have wholly mistaken the 
law. The Act of 1795 regulated these entries. By the 
fourth section thereof, it is declared that on all entries 



13 

thereafter made, the entry lakers should "issue warrants 
of survey at the expiration of three months from the date 
of each entry." And by the third section of the same Act, 
it is provided that on all entries made after the passage 
of the Act, the purchase money should " be paid to the 
Public Treasurer within six months from the date of the 
entry, if for a greater quantity than 300 acres." 

If the argument offered by the memorialists to prove 
payment, (because otherwise, the entry-taker would have 
violated his duty,) be sound, it becomes doubly strong 
to prove that no payment was made , when, by it, not on- 
ly the entry-taker is relieved from all imputation, but 
two high public officers are rescued from the charge of a 
fraudulent abstraction of money from the Treasury. 

It was urged during my examination that the Comp- 
troller's books showed payment of a larger sum than was 
demanded for the land granted. On examination, every 
charge on the books was supported by its appropriate 
receipt; each receipt specified the numbers of entry, and 
testified to the payment of money on entries made before 
the year 1796, 

There is no evidence even that the entries were ever 
returned to the Comptroller's office, except that which 
arises from the charitable presumption that no officer is 
neglectful of his duty. But if, on this ground, I take it 
for granted that the entries were returned, there could 
not be expected any evidence of the return on the books, 
unless payment had been made ; for the books only ex- 
hibit the charges against the Treasurer for money paid 
to him. So that in truth every fact of which there is 
any evidence, well consists with the integrity ol the offi- 
cers, and their faithful discharge of duty; none of them 
prove, and many of them disprove the payment alleged. 
It was suggested that perhaps the 158 entries had been 
exchanged for other entries, and Mr. Hill stated that he 
had seen an agreement in writing between Col. Brown, 
acting for Cathcart, and the late Jno. Gray Blount, show- 
ing exchanges of this character ; but these entries could 



13 

not have been embraced in that writing ; first, because 
Col. Brown was ignorant of their existence ; secondly! 
upon investigation, I saw in the grants to Cathcart, ma- 
ny exchanges of this kind, but these, as indeed all Cath- 
cart's grants are of a date prior to the survey of the 107,- 
500 acre tract, thirdly, the survey of the entries com- 
posing this tract, exhibited by the memorialists, and al- 
ledged by them to be a duplicate, as do the entry books 
themselves, also, all show that these 15S entries were 
made in the name of Cathcart and surveyed for Cath- 
cart ; and it is for these entries and none other, that the 
application is made, and upon the ground too, that the 
State has put it beyond her reach to issue grants on 
them. If these entries were exchanged with Blount or 
others, it does not appear that the memorialists have 
been deprived of those taken in exchange, or that they 
have in any manner been made accountable for them to 
the persons with whom the exchange was made — until 
such fact appears, they, and not the present applicants, 
are the persons injured by the non-issue of grants. 

For the first class of entries, ten in number, warrants 
of survey were issued on the 27th day of August, 1795. 
It being the duty of the entry taker to return the entries 
to the Comptroller, it is fair to presume that there was 
such return at the time of payment, to-wit : on June Sth. 
1795. These entries are included in the same survey 
with the 158 entries : And while it is not only possible, 
but proven, that the ten entries were paid for, it is ut- 
terly impossible, and therefore certainly untrue, that pay- 
ment was then or afterwards, on the Sth of June, made 
for them. I conclude therefore the enquiry on the second 
question and report the result of the investigation to be 
that the sum of $320 was paid for the ten entries, and 
that the other 158 entries were not paid for. 

I resume the enquiry as to the ten entries. No grant 
for the numbers of these entries was ever issued to Cath- 
cart, as Mr. Hill certifies. Why there was not, seems to 
be strange, if they were not exchanged with Mr. Blount 



14 

or soran oilier person. I examined the agreement be- 
tween Cathcart and Blount executed by their agents, and 
found that there was an exchange of forty-three entries, 
but the numbers are not given, and I could not trace the 
numbers in the grants beyond about twenty in number; 
but there is a remarkable coincidence between the Comp- 
troller's books find the duplicates of Catheart's grants, By 
the books it appears that Cathcart entered, including 
these ten entries, 325, 760 acres of land, and paid for the 
whole $16,2SS, being 5 cents per acre. And the grants 
actually issued to Cathcart embrace 325, 640 acres; show- 
ing that he obtained grants for as many acres as entered 
and paid for, lacking 120 acres. Perhaps a perfect and 
thorough examination of all the grants to Blount might 
explain the matter, but that would be an immense under- 
taking. 

In this state of apparently conflicting evidence, and af- 
ter so long a lapse of time, I cannot report that even 
the entry money of these ten entries has been paid with- 
out consideration. But if your honorable body shall be 
of a different opinion, the question will present itself, 
whether the sum of $320, the amount paid into the Trea« 
sury by Cathcart on the 8th day of June, 1796. for the ten 
entries made on the 25th day of February, 1795, should 
be repaid to his devisees and if so whether with interest. 

This is an application to the justice and equity of the 
sovereign. 

So far as our land laws afford any evidence of State 
policy on that subject, the only act that has the slightest 
apparent bearing on it, is that of 1791, ch. 350. By the 
provisions of this Act, persons who entered and paid for 
a greater quantity of land than could be surveyed, or "en- 
tered and paid for lands already taken by grants or entry 
of an elder date," were at liberty to surrender the entry 
and receive back the purchase money, or have a deduc- 
tion for the deficiency. This Act, in my opinion, was in> 
tended for such entries as were made between adjacent 
tracts, or such as had been already, lawfully entered. It 



was rendered necessary pnd just at that time, by the con- 
fusion into which entries had been thrown by the gene- 
ral law declaring a forfeiture of entries, unless the titles 
thereon were completed in a given time, and a subse- 
quent remission of such forfeitures by repeated extensions 
of time. I give it as my opinion, that the Act was never 
intended to refer to entries forbidden by the law. Such 
entries do not come within the letter of the Act. and cer- 
tainly, not within its spirit. This Act has ceased to be 
in force for a great while; and not for that cause, but be- 
cause it is not applicable to this case, I lay it out of the 
argument, which should decide the question of repayment. 
And I proceed briefly to state the arguments which are 
urged lor and against refunding. 

On behalf of the applicants, it is said that the bounda- 
ry liue which separated the land liable to be entered from 
that which was forbidden, was not well known till 1797 
— that it was never run till after the entries were made 
— that there has been much difference of opinion whether 
it was correctly run — that even as run, the land lies just 
within the Indian bounds; and that Blount and others had 
made entries still further west; and thatCathcart wasde 
ceived, if he was in error as to the true line, by the exam-- 
ple of our own citizens. Jt is also further said, that the 
State has received the money,and having given no consid- 
eration therefor, it is against good faith, and honor, and 
common honesty, to keep it; that the length of time elaps- 
ed, can, and ought to make no difference in settling the 
moral obligation to repay money obtained without consid- 
eration; and that a sovereign must stand disgraced who 
would shelter himself under such protection. 

On the other hand it is argued that, although the trea- 
ty line of Holston had not Jqeen run, and, therefore, its 
exact locality could not be known in a mountainous re- 
gion, yet that the State, by its act of 17S3, had, in very 
strong terms, forbidden entries on the Indian territory, and 
by that act, had designated a clear line, west of which, 
entries were forbidden ; and that although by the treaty 



16 

ofHolston in 1791, territory west thereof had been acquired 
which thereby became the subject of entry, yet it was nev- 
er the intention or wish of the State that even actual 
settlers, and much less, therefore, speculators, should 
push their entries upon doubtful territory. That those who 
did so. (and there were many,) did so recklessly ; equally 
regardless of the faith of treaties, the policy and justice 
of the State towards the Indians, and of the rights of the 
natives : that it was well known that the Indians remon- 
strated against such entries, and consequent invasion of 
their lands, and that by such conduct their hostility was 
so provoked that peace was endangered and broken, and 
only restored after mutual acts of rapine and plunder; 
that those who, with this knowledge, of a disputed boun- 
dary, and the avowed polioy of the State to protect them 
in their rights, and her earnest desire to discourage ev- 
ery act that might lead to conflict, did nevertheless locate 
lands, on what ultimately proved to be Indian territory, 
occupy no higher position in morals than such as made 
entries, deliberately and with a full knowledge of th« 
wrong : that it was a case where the duty of a good citi- 
zen was either to assure himself of the clear right to en- 
ter, or not to enter at all : that those who, under the lure 
of speculation, did either wilfully or recklessly undertake 
to use the offices and officers of the sovereign in the per- 
petration of an outrage on a people, whom, of her will 
she desired, and, of her honor, she was bound to protect, 
deserves no audience for favor, when, ultimately, in or- 
der to do herself justice in redressing the outrage, she is 
compelled to disprove the speculator of his illegally 
sought gains : That it is the general policy of the sover- 
ereign, and the practice of all communities, in such cases, 
to keep the money as a forfeiture for an illegal act, pre- 
cisely as she might conscientiously keep the penalty of fif- 
ty pounds imposed for a violation of the Act of 1783, for 
such entries on Indian lands: that, if the practice of re- 
turning money in such cases were once to prevail, the 
State would thereby encourage the violation of her own 



17 

laws by withdraw, tJo all check on illegal speculations, 
as in every instance of such forbidden investment, the 
venture could never be unsafe, and might be rewarded 
with a princely return : that true it is that time does 
not weaken the force of an admitted obligation, but as its 
certain tendency is to destroy the evidence of the true 
character of the transaction on which is predicated the 
duty, every presumption is to be made against a claim 
that is urged after the lapse of nearly half a century: 
That if time be not regarded, the estate of Cathcart is 
justly subject to be indebted to the State in a penalty of 
SlOO for every entry illegally made ; and that the State 
may conscientiously retain out of any just demand upon 
it, such penalties for the yet unvindicated violations of 
the law: And, lastly, that in a case not clearly obliga- 
tory on the honor and justice of the sovereign, it would 
be pernicious to furnish a precident which would draw 
within its reach, hundreds of cases of a similar character, 
and open the door for applications by many persons, who, 
on the establishment of the treaty line in 1798, relinquish- 
ed their entries and grants lying within the Indian terri- 
tories and ceased to pay taxes thereon. 

Whether the one or the other argument be the more 
befitting the sovereign and necessary for the protection of 
the people, I must leave for the decision of the Legislature. 
If, in their opinion, the sum should be allowed, I am 
clearly of opinion that no interest is due under the prin- 
ciples which govern Courts of Equity in similar cases. 

And I feel it my duty here to state, that I learn [from Ex 
Governor Swain that the joint survey which was made in 
the case of Latimer vs. Poteet, and the cost of which 
amounted to $500, was to have followed the cause, has 
been paid for by the State, and injustice, therefore,ought 
to be refunded. 

The Resolution of the General Assembly directs the 
Attorney General to report the results of his investiga- 
tion. These results may consist of facts — of legal opin- 
ions affecting the case, and of moral considerations based 



18 

on the law and facts. In the absence of any express in* 
^trnction to the Attorney General, to report his opinion 
of what it would become the Legislature to do, 1 have 
deemed my duty discharged in reporting the facts as I 
find them — the law as I believe it to be — and a summary 
of the opposing arguments on the law and the facts. 
Respectfully submitted. 

B. F. MOORE, Atto. General. 
Dec. 19th, 1S48. 






[HOUSE OF COMMONS DOCUMENT, NO. 19.] 

A BILL 

TO 

INCORPORATE 

THE 

Fif BTT ST 1UB 

AND 

WESTERN PLANK ROAD 
COMPANY. 



RALEIGH : 

S EATON GALES, PRINTER FOR THE STATE 

1848, 



; 



T % | 






r>r- 















AN ACT 

To incorporate the Fayetteville and Western 
Plank Road Company. 



■ 



Section. J. Be it enacted by the General Assembly of 

2 the State of North Carolina, and it is hereby enacted 

3 by the authority of the same, That it shall be lawful to 

4 open Books in the Town of Fayetteville, under the di- 

5 rection of George McNeil, James Kyle, A. A. McKet- 

6 tan, John H Cook, E. J. Hall. Wm. H. Bayne.C harles 

7 Montague, Duncan G. McRae, Daniel McDearmid, 

8 HenryElliott, Charles T. Haigh, John T. Gilmer, Ben- 
9jaminW. Robinson, Thomas N. Cameron, Dancan Mur- 

10 chison and John Waddell. And in the town of Sal- 

1 1 isbury under the direction of D. A. Davis, John I. Sha- 

12 ver, Joseph F. Chambers, and Calvin S. Brown, and 

13 at such other places, and under the direction of such 

14 other persons as the Commissioners hereinbefore 

15 named to superintend the receiving of subscriptions in, 

16 the town of Fayetteville, shall direct for the purpose of 

17 recei ving subscriptions to an amount not exceeding 
IS one hundred and sixty thousand dollars in Shares of 

19 fifty dollars each, for the purpose of effecting a com* 

20 munication by means of a Plank Road, from the town 

21 of Fayetteville to the town of Salisbury, by the most 



22 practicable route, to be determined by the said Com- 

23 pany after the same shall have been formed. 

Sec. II. Be it further enacted, That the times and 

2 places for receiving subscriptions, shall be advertised 

3 in one or more newspapers, printed in the towns of 

4 Fayetteville and Salisbury, and the Books for receiv- 

5 ing the same, shall not be closed in less than thirty 

6 days- And the said Commissioners shull have power 

7 to open the Books from time to time as they think pro- 

8 per, until the sum of ninety six thousand dollars shall 

9 be subscribed. 

Sec III. Be it further enacted, That whenever the 

2 said amount of ninety six thousand dollars shall be 

3 subscribed, it shall and may be lawful for the Public 

4 Treasurer, and he is hereby directed to subscribe for, 

5 and in behalf of the State, the sum of sixty four thou- 

6 sand dollars, for the purpose of aiding to construct 

7 said Road, and that the part of the sums to be hereaf- 

8 ter received from the payment of tolls, shall be paid 

9 to the State, in proportion to the amount owned by 

10 the State in said Road. Provided, nevertheless, and 

11 it is hereby declared to be the true meaning and in- 

12 tention of this Act, that if more than the sum of nine- 

13 ty six thousand dollars, shall be subscribed by individ- 

14 uals subscribers, then and in that case the Public 

15 Treasurer, shall only subscribe for the residue of said 

16 capital stock in said Company, for and in behalf of the 

17 State and no more. Be itfurther enacted, That when 

18 the sum of one hundred and sixty thousand dollars 

19 shall be subscribed for in manner aforesaid, the sub- 

20 scribers, their executors, administrators or assignees, 

21 shall be and they are hereby declared to be incorpora* 

22 ted into a Company by the name and style of the Fay- 

23 etteville and Western Plank Road Company, and by 

24 that name shall be capable in law, of purchasing, 

25 holding, selling, leasing and conveying estate, real and 



»6 personal and mixed, U> far us shall be necessary for 
27 the purposes of said Company, and shall have perpet- 
2S ual succession, and by said corporate name, may sue 
29 and be sued, and may have a common seal, which 
80 they shall have power to alter and renew at pleasure 
.31 and shall have and enjoy, and may exercise all the 
32 powers, rights and privilege.?, which other corporate 
32 bodies may lawfully do for the purposes mentioned in 

34 this Act, and may make all such bye-laws, rule3 and 

35 regulations not inconsistent with the laws of this 

36 State or of the United States, S3 shall be necessary 

37 for the well ordering and conducting the affairs of 

38 said Company. 

Sec IV. Be it farther enacted. Upon any subscription 

2 of stock as aforesaid, there shall be paid at the time 

3 of subscribing to the said Commissioners or three 

4 agents appointed to receive such subscription, the sum 

5 of one dollar on every share subscribed, and the resi- 

6 due thereof shall be paid in such instalments, and at 

7 such times as may be required by the President and 

8 Directors of said Company. 

Sec V. Be it farther enacted, That the said Commis- 

2 sioners or their Agents, shall forthwith, after the first 

3 election of President and Directors of the Company, pay 

4 over to the said President and Directors, all monies 

5 received by them, and on failure thereof, the said Pres- 
to* ident and Directors may recover the amount due from 
7 them, or from any one or more of them, by legal pro- 
S cess in the Court of Pleas and Quarter Sessions, or in 

9 the Superior Court of Law of any County, wherein 

10 such commissioner or commissioners, their executors, 

1 1 or administrators may reside, or by w